What is the test for determining if a plaintiff has jurisdiction to bring a motion to dismiss the motion?

MultiRegion, United States of America

The following excerpt is from Marsh v. J. Alexander's LLC, 905 F.3d 610 (9th Cir. 2018):

We have jurisdiction pursuant to 28 U.S.C. 1291. We review de novo the district court's final orders and its interpretation of the relevant statutory and regulatory provisions.4 See Shaver v. Operating Eng'rs Local 428Pension Tr. Fund , 332 F.3d 1198, 1201 (9th Cir. 2003) (motion to dismiss).

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