Case: 12-17744

12/31/2012

ID: 8456028

DktEntry: 4

Page: 1 of 2

FILED
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
DEC 31 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

DAVID H. PICKUP; et al., Plaintiffs - Appellants, v. EDMUND G. BROWN, Jr., Governor of the State of California, in his official capacity; et al., Defendants - Appellees, EQUALITY CALIFORNIA, Intervenor-Defendant Appellee.

No. 12-17744 D.C. No. 2:12-cv-02497-KJM Eastern District of California, Sacramento

ORDER

A review of the record suggests that this court may lack jurisdiction over the appeal because the district courts December 4, 2012 order granting the motion to intervene does not appear to be a final appealable decision. See 28 U.S.C. 1291. Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum.
KS/MOATT

Case: 12-17744

12/31/2012

ID: 8456028

DktEntry: 4

Page: 2 of 2

If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court.

FOR THE COURT: Molly C. Dwyer Clerk of Court By: Kenneth Sogabe Motions Attorney/Deputy Clerk

KS/MOATT