Bradley Weston Taggart v. Stuart M. Brown

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRADLEY WESTON TAGGART,
Plaintiff - Appellee,
v.
STUART M. BROWN,
Defendant,
And
TERRY W. EMMERT; KEITH JEHNKE;
SHERWOOD PARK BUSINESS
CENTER, LLC,
Defendants - Appellants.
No. 12-35781
D.C. No. 3:12 cv-0236 MO
MEMORANDUM*
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.
FILED
MAY 22 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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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.
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