The opinion
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 22 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
BRADLEY WESTON TAGGART, No. 12-35781
Plaintiff - Appellee, D.C. No. 3:12 cv-0236 MO
v.
MEMORANDUM*
STUART M. BROWN,
Defendant,
And
TERRY W. EMMERT; KEITH JEHNKE;
SHERWOOD PARK BUSINESS
CENTER, LLC,
Defendants - Appellants.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Argued and Submitted May 16, 2014
Portland, Oregon
Before: ALARCÓN, TASHIMA, and IKUTA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Defendants-Appellants appeal the district court’s decision reversing the
bankruptcy court and remanding for further proceedings. We dismiss the appeal
for lack of jurisdiction under 28 U.S.C. § 158(d).
“Our jurisdiction under section 158(d) . . . requires a final decision from the
district court.” Stanley v. Crossland, Crossland, Chambers, MacArthur & Lastreto
(In re Lakeshore Vill. Resort, Ltd.), 81 F.3d 103, 105 (9th Cir. 1996). Considering
“(1) the need to avoid piecemeal litigation; (2) judicial efficiency; (3) the systemic
interest in preserving the bankruptcy court’s role as the finder of fact; and (4)
whether delaying review would cause either party irreparable harm,” id. at 106
(citing Vylene Enters., Inc. v. Naugles, Inc. (In re Vylene Enters., Inc.), 968 F.2d
887, 895-96 (9th Cir. 1992)), we hold that the district court’s decision, which
remanded to the bankruptcy court for further factual findings, does not constitute a
final order under § 158(d). See Congrejo Invs., LLC v. Mann (In re Bender), 586
F.3d 1159, 1165-66 (9th Cir. 2009).
The appeal from the district court is hereby DISMISSED, and the case is
REMANDED for further proceedings. No costs.
2