Can the parties appeal the new orders relating to the third amended complaint?

MultiRegion, United States of America

The following excerpt is from Adamou v. Doyle, 14-3649-cv (2nd Cir. 2017):

filed another notice appealing the new orders relating to the third amended complaint. On occasion we may interpret a notice of appeal of one order as an appeal from some prior orders, see, e.g., Elliott v. City of Hartford, 823 F.3d 170, 174 (2d Cir. 2016), but it does not follow, as Doyle would have it, that we would interpret a notice of appeal as encompassing any future orders. We are even less inclined to read an illusory future appeal into an existing notice of appeal where the parties are represented by experienced counsel.

The only notice of appeal filed in this case makes clear that the single order properly before us is the September 23, 2014 order relating to the second amended complaint. That appeal became moot upon the filing of the third amended complaint because the operative facts changed and therefore any relief that we might order would relate to a complaint that no longer has any legal effect. The September 23, 2014 order was also superseded by the third amended complaint (and the subsequent unappealed decision of the district court declining to dismiss it).1 We lack jurisdiction to review an order that was based on an old universe of facts2 because we are prohibited from issuing advisory opinions. See Herb v. Pitcairn, 324

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