Notice of Appeal from Judgment Encompasses All Prior Rulings and Orders Where Appellant Does Not Designate Specific Determinations Only — Reference to One Order Does Not Preclude Appeal from Others
From Bentkowski v. Scene Magazine, 2011 U.S. App. LEXIS 7912 (6th Cir. April 19, 2011):
Bentkowski claims that the district court abused its discretion by denying his motion for an extension of time to conduct discovery and by striking his first amended complaint as a sanction. Appellees claim that we lack jurisdiction over these appeals because Bentkowski failed to designate any discovery or sanction orders in his notice of appeal. Federal Rule of Appellate Procedure 3(c)(1)(B) provides that "[t]he notice of appeal must . . . designate the judgment, order, or part thereof being appealed." Bentkowski's notice of appeal states that he appeals from "the Court's final judgment . . . making the Opinion and Order granting Defendants' Joint Motion for Summary Judgment . . . final and appealable." We have held that an appeal from a final judgment encompasses all prior rulings and orders where the appellant does not "designate specific determinations in its notice of appeal." Crawford v. Roane, 53 F.3d 750, 752 (6th Cir. 1995). Thus, we have jurisdiction to review the district court's rulings on the discovery and sanction orders. We review limits on discovery and discovery sanctions for abuse of discretion. B & H Med., L.L.C. v. ABP Admin., Inc., 526 F.3d 257, 268 (6th Cir. 2008); Phillips v. Cohen, 400 F.3d 388, 396 (6th Cir. 2005).
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