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Rocky Bixby v. Kbr, Inc.
15-35702
| 9th Cir. | Aug 3, 2016
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Docket

*2 Before: W. FLETCHER and HURWITZ, Circuit Judges, and WALTER, [***] District Judge.

We have jurisdiction under 28 U.S.C. § 1291 because the district court’s dismissal of this case was a “final decision.” This Court’s previous decision held that the United States District Court for the District of Oregon lacked personal jurisdiction over Defendants. Bixby v. KBR, Inc. , 603 F. Appx. 605 (9th Cir. 2015) (mem.). That decision vacated the district court’s judgment. See, e.g. , Orff v. United States , 358 F.3d 1137, 1149–50 (9th Cir. 2004) (“[T]he district court never had jurisdiction to issue its rulings on the merits . . . . We must therefore vacate as nullities the district court’s rulings.”). Accordingly, this appeal is governed by Federal Rule of Appellate Procedure 39(a)(4). Because this Court has not ordered the taxation of the costs for which Defendants sought an award in the district court, the district court was correct to deny the motion for costs.

The motion to strike is denied as moot.

AFFIRMED.

[***] The Honorable Donald E. Walter, United States District Judge for the Western District of Louisiana, sitting by designation. 2

Case Details

Case Name: Rocky Bixby v. Kbr, Inc.
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 3, 2016
Docket Number: 15-35702
Court Abbreviation: 9th Cir.
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