Rebecca Swift v. Adknowledge, Inc., et al

Filing 4

Filed order MOATT: (KN) A review of the record suggests that this court may lack jurisdiction over the appeal because an order granting a motion to compel arbitration and staying district court proceedings is generally not an appealable order....Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [7895249] (TSP)

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

REBECCA SWIFT, on behalf of herself &
all others similarly situated,
Plaintiff - Appellee,

SEP 15 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 11-16933
D.C. No. 3:09-cv-05443-EDL
Northern District of California,
San Francisco

v.
ZYNGA GAME NETWORK, INC.,

ORDER

Defendant,
and
ADKNOWLEDGE, INC., d/b/a Super
Rewards and KITN MEDIA USA, INC.,
d/b/a Super Rewards,
Defendants - Appellants.

A review of the record suggests that this court may lack jurisdiction over the
appeal because an order granting a motion to compel arbitration and staying district
court proceedings is generally not an appealable order. See 9 U.S.C. § 16(b)(1);
Delta Computer Corp. v. Samsung Semiconductor & Telecomm. Co., 879 F.2d 662,
663 (9th Cir. 1989); see also Ventress v. Japan Airlines, 486 F.3d 1111, 1119 (9th
Cir. 2007); Dees v. Billy, 394 F.3d 1290, 1294 (9th Cir. 2005) (holding that “a

KN/MOATT

district court order staying judicial proceedings and compelling arbitration is not
appealable even if accompanied by an administrative closing.”).
Within 21 days after the date of this order, appellants shall move for
voluntary dismissal of the appeal or show cause why it should not be dismissed for
lack of jurisdiction. If appellants elect to show cause, a response may be filed
within 10 days after service of the memorandum.
If appellants do not comply with this order, the Clerk shall dismiss this
appeal pursuant to Ninth Circuit Rule 42-1.
Briefing is suspended pending further order of the court.
FOR THE COURT:
Molly Dwyer
Clerk of Court
By: Kamon Naddaf
Motions Attorney/Deputy Clerk
9th Cir. R. 27-7
General Orders/Appendix A

KN/MOATT

2

11-16933