CLIFFORD v. TRUMP

No. 20-55880.

STEPHANIE CLIFFORD, AKA Stormy Daniels, Plaintiff-Appellant, v. DONALD J. TRUMP, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2022.


NOT FOR PUBLICATION

MEMORANDUM*

Stephanie Clifford appeals two district court orders—an order granting attorneys' fees to Appellee Donald Trump and a second order granting Trump's motion to correct and/or strike the clerk's rescission of a certification that the attorneys' fees order was a final judgment. We lack jurisdiction over Clifford's appeal of the underlying order granting attorneys' fees. We have jurisdiction over the second order pursuant to 28 U.S.C. § 1291, and we affirm.

1. The district court correctly held that the fees, costs, and sanctions order issued on December 11, 2018 was a final judgment that did not require a separate document pursuant to Federal Rule of Civil Procedure 58(a)(3). Because orders awarding ancillary costs in addition to attorneys' fees do not trigger the separate document requirement, see S.L. ex rel. Loof v. Upland Unified Sch. Dist., 747 F.3d 1155, 1161 (9th Cir. 2014), the district court's order awarding $292,052.33 in attorneys' fees and $1,000 in sanctions was a final, appealable order in accordance with Federal Rule of Appellate Procedure 4(a). Further, because the district court's attorneys' fees award was "a full adjudication of the issues" and "clearly evidence[d] the judge's intention that it be the court's final act in the matter," the order was a final, registrable judgment for appellate purposes. Casey v. Albertson's Inc., 362 F.3d 1254, 1258 (9th Cir. 2004) (quoting Nat'l Distrib. Agency v. Nationwide Mut. Ins. Co., 117 F.3d 432, 433 (9th Cir. 1997)).

2. Because the district court's 2018 order granting attorneys' fees was a final judgment, we have no jurisdiction over Clifford's appeal of that award. To invoke this court's jurisdiction over an appeal, "[a] notice of appeal `must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.'" Menken v. Emm, 503 F.3d 1050, 1055 (9th Cir. 2007) (quoting Fed. R. App. P. 4(a)(1)(A)); Tillman v. Ass'n of Apartment Owners of Ewa Apartments, 234 F.3d 1087, 1089 (9th Cir. 2000). Because Clifford did not file a notice of appeal as to the 2018 order until August 24, 2020, her appeal from the attorneys' fees award was untimely.

We AFFIRM in part and DISMISS in part.

FootNotes


** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases