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Case: 12-6634

Document: 006111850529 No. 12-6634

Filed: 10/16/2013

Page: 1

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LIBERTY LEGAL FOUNDATION; JOHN DUMMETT; LEONARD VOLODARSKY; GREG MARONEY, Plaintiffs-Appellants, v. NATIONAL DEMOCRATIC PARTY OF THE USA, INC., et al., Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ) )

FILED

Before: GRIFFIN and WHITE, Circuit Judges; ECONOMUS, District Judge.* The plaintiffs appeal the dismissal of their action seeking declaratory and injunctive relief

an award of sanctions against their counsel. The defendants move to dismiss the appeal on the ground

plaintiffs oppose the motion to dismiss.

and ruling that defendants were entitled to an award of sanctions, the district court entered an order granting in part the defendants motion for attorney fees on December 4, 2012. A final judgment dismissing the action was entered the same day. The plaintiffs notice of appeal designated an appeal from a judgment entered by the United States District Court for the Western District of Tennessee

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(R. 54) granting in part the defendants petition for reasonable attorneys fees (R. 53), entered in this action on the 4th day of December, 2012.

The Honorable Peter C. Economus, Senior United States District Judge for the Northern District of Ohio, sitting by designation.

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After dismissing the action for lack of standing, denying leave to file an amended complaint,

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that plaintiffs appellate brief does not address the sole order designated in their notice of appeal. The

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based on allegations that President Barack Obama is not a natural-born citizen of the United States and

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ORDER

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Oct 16, 2013 DEBORAH S. HUNT, Clerk

Case: 12-6634

Document: 006111850529 No. 12-6634 -2-

Filed: 10/16/2013

Page: 2

An appeal from the final judgment in an action brings before the court on appeal all prior nonfinal rulings in the case. Natl Ecological Found. v. Alexander, 496 F.3d 466, 476-77 (6th Cir. 2007); Caudill v. Hollan, 431 F.3d 900, 904-05 (6th Cir. 2005); McLaurin v. Fischer, 768 F.2d 98, 101 (6th Cir. 1985). The defendants argue that because the notice of appeal references both the final judgment

The defendants are incorrect. An appeal referencing an order that directs entry of judgment in a case is a sufficient equivalent to appealing the judgment itself, even though the judgment is entered as a separate document. Caudill, 431 F.3d at 905. In Caudill, we summarized the applicable law as follows: our rule is that we will entertain arguments on all objections and asserted errors prior to the final disposition of a case if a party indicates in its notice of appeal that it appeals either the final judgment or the final order in the case. Id. at 906. Similarly, in McLaurin, we concluded that a notice of appeal from the final order in the case that refer[ed] solely to the district courts order which embodie[d] the jurys verdict on the federal age discrimination claim, 768 F.2d at 101, sufficiently preserved for review all of the district courts non-final rulings and orders . . . Id. at 102. See also Smith v. ABN AMRO Mortg. Grp. Inc., 434 F. Appx 454, 464-65 (6th Cir. 2011); Brittingham v. Gen. Motors Corp., 526 F.3d 272, 276 n.1 (6th Cir. 2008); Caldwell v. Moore, 968 F.2d 595, 598 (6th Cir. 1992).

appeal from the final judgment which brings up all prior, non-final rulings.

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The plaintiffs notice of appeal, designating both the final judgment and the final order, is an

The motion to dismiss is DENIED. ENTERED BY ORDER OF THE COURT

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and the final order assessing the amount of fees, the appeal is limited to issues regarding that order.

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