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Securities/Commodities | New York Southern
USCA Mandate
MANDATE of USCA (Certified Copy) as to 117 Notice of Appeal, filed by Strata Offshore Fund, Ltd., Strata Fund Q.P. L.P., Strata Fund L.P. USCA Case Number 14-1793. Appellees move to dismiss the appeal as untimely filed. Upon due consideration, it is hereby ORDERED that the motion is GRANTED and the appeal is DISMISSED for lack of jurisdiction. See Fed. R. App. P. 4(a)(1); Bowles v. Russell, 551 U.S. 205, 214 (2007). While Appellants argue that a final order has not yet been entered by the district court, that argument is barred by the law of the case doctrine because this Court necessarily decided the issue of finality when it previously affirmed the district court's order dismissing Appellants' second amended complaint. See Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006) (observing that this Court has an independent obligation to determine its jurisdiction) Ali v. Mukasey, 529 F.3d 478, 490 (2d Cir. 2008) (addressing when the law of the case doctrine is applicable). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/21/2014. (nd)
Appeal Record Sent to USCA - Electronic File
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 117 Notice of Appeal, filed by Strata Offshore Fund, Ltd., Strata Fund Q.P. L.P., Strata Fund L.P. were transmitted to the U.S. Court of Appeals. (nd)
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