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Castellar Partners LLC v. AMP Ltd.

Supreme Court of Nebraska

June 19, 2015

CASTELLAR PARTNERS LLC, APPELLANT,
v.
AMP LIMITED ET AL., APPELLEES

Page 392

[Copyrighted Material Omitted]

Page 393

Appeal from the District Court for Douglas County: J. MICHAEL COFFEY, Judge.

Jason M. Bruno and Jared C. Olson, of Sherrets, Bruno & Vogt, L.L.C., for appellant.

James P. Fitzgerald and Patrick D. Pepper, of McGrath, North, Mullin & Kratz, P.C., L.L.O., for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, AND CASSEL, JJ.

OPINION

Page 394

[291 Neb. 164] Cassel, J.

INTRODUCTION

Castellar Partners LLC (Castellar) appeals from a purported final judgment dismissing 1 claim, but retaining 10 other claims. The district court concluded that due to a forum selection clause, the claim for breach of contract was required to be litigated in New South Wales, Australia. And it certified the dismissal of that claim as a final judgment pursuant to Neb. Rev. Stat. § 25-1315(1) (Reissue 2008). However,

Page 395

we find [291 Neb. 165] that the certification was improper. Castellar's claims entail " similar issues" and " related facts," and all of the parties remain involved in the litigation before the district court. We therefore dismiss the appeal for lack of jurisdiction.

BACKGROUND

According to Castellar's amended complaint, it was retained in 2009 by the appellees (collectively AMP parties) to review a " hedge fund portfolio" and the services being provided by another advisor. The AMP parties, which are interrelated, include:

o AMP Limited (AMP)--a " multibillion dollar Australian asset manager" ;

o AMP Capital Investors (U.S.) Limited (AMP U.S.)--a subsidiary of AMP, incorporated in Delaware;

o AMP Capital Investors Limited (AMPCI)--a second subsidiary of AMP, incorporated in Australia; and

o AMP Capital Alternative Defensive Fund--the hedge fund portfolio managed by AMP and its subsidiaries, ...


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