Is a district court order dismissing a consolidated complaint for lack of jurisdiction valid?

MultiRegion, United States of America

The following excerpt is from In Re: Ford Motor Co., 264 F.3d 952 (9th Cir. 2001):

We must first consider whether we have jurisdiction to review the district court's order which states "[t]he consolidated complaint is hereby dismissed for lack of jurisdiction." Because the district court's order dismissed the"complaint" rather than the "action," the question arises whether the order is final and appealable. "Ordinarily an order dismissing a complaint but not dismissing the action is not appealable under section 1291 unless circumstances make it clear that the court concluded that the action could not be saved by any amendment of the complaint." Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171 n.1 (9th cir. 1984). However, "[i]f it appears that the district court intended the dismissal to dispose of the action, it may be considered final and appealable. " Id. (emphasis added).

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