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Gemmy Industries Corp. v. Chrisha Creations Ltd.
Citation: 120 F. App'x 368Docket: No. 04-1485
Court: Court of Appeals for the Federal Circuit; January 25, 2005; Federal Appellate Court
Gemmy Industries Corporation requested an extension of time to file its reply brief, which was opposed by Chrisha Creations Limited. Gemmy also moved to dismiss its appeal, which Chrisha contested. Gemmy's appeal stemmed from a June 23, 2004 decision by the Southern District of New York granting summary judgment in favor of Chrisha. Gemmy argued that its appeal was premature as additional claims were still pending in the district court. Chrisha countered that since one of two consolidated cases had been resolved, Gemmy's appeal was valid. Furthermore, Chrisha indicated that it had filed for entry of judgment under Federal Rule of Civil Procedure 54(b), suggesting that Gemmy's appeal would become valid upon such entry. The court referenced its decision in Spraytex, Inc. v. DJS&T, emphasizing that without Rule 54(b) certification, an appeal of a judgment on fewer than all claims in a consolidated case is not permissible. The court concluded that it lacked jurisdiction to hear Gemmy's appeal unless the district court issued a Rule 54(b) judgment or a final judgment. Consequently, the court granted Gemmy's motion to dismiss the appeal, deemed the motion for an extension of time moot, and ordered that each party bear its own costs. The ruling reaffirmed that the law of the circuit governs jurisdictional issues.