Free USCA Order - District Court of Colorado - Colorado

Case 1:00-cv-01841-LTB-KLM

Document 244

Filed 03/19/2008 FILED of 2 Page 1 United States Court of Appeals Tenth Circuit

UNITED STATES CO URT O F APPEALS Elisabeth A. Shumaker FO R TH E TENTH CIRCUIT Clerk of Court

M arch 19, 2008

RICKY EUGENE CLARK, on behalf of himself and all others similarly situated, Plaintiff - Appellant, v. STA TE FA RM M U TU A L AUTOM OBILE INSURANCE COM PA NY, an Illinois Corporation, Defendant - Appellee, No. 07-1466 (D.C. No. 00-cv-01841-LTB-KLM )

M A TTH IA S H O BZA ; R OY M C IN TO SH , Proposed Intervenors Appellants.

OR DER

Before TACH A, BRISCO E, and LUCERO, Circuit Judges.

On October 22, 2007 a notice of appeal was filed by Plaintiff Clark as to the district court's final judgment entered September 20, 2007 and by Proposed Intervenors M atthias Hobza and Roy M cIntosh as to the district court's order entered June 26, 2007 denying their motion to intervene.

Case 1:00-cv-01841-LTB-KLM

Document 244

Filed 03/19/2008

Page 2 of 2

Upon review, the court finds that this appeal is timely as to Appellant-Plaintiff Clark but not as to Appellant-Proposed Intervenors H obza and M cIntosh. The

district court order entered June 26, 2007 denying Appellants Hobza and M cIntosh's motion to intervene was imm ediately appealable. See Plain v. M urphy Family

Farm s, 296 F.3d 975, 980 (10th Cir. 2002); Hutchinson v. Pfeil, 211 F.3d 515, 518 (10th Cir. 2000). The thirty-day deadline under Fed. R. App. P. 4(a)(1)(A) for the filing of a timely notice of appeal as to the order entered June 26, 2007 expired July 26, 2007. Proposed Intervenors filed their notice of appeal on O ctober 22, 2007, which was eighty-eight days past the thirty-day filing deadline. C onsequently, the court lacks appellate jurisdiction over that part of this appeal pertaining to the district court order denying intervention. Accordingly, Appellee-Defendant State Farm M utual Insurance Company's motion to dismiss is G RA N TE D in part. This appeal is DISM ISSED as to

Proposed Intervenors M atthias Hobza and R oy M cIntosh for lack of appellate jurisdiction. This appeal will proceed only as to Plaintiff Clark. The entry of this order does not affect Appeal No. 07-1454. Entered for the Court, Elisabeth A . Shumaker, Clerk

Kathleen T. Clifford Attorney - Deputy Clerk

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