Virginia Van Dusen v. Swift Transportation Co

The majority has issued two separate opinions in.this case. This opinion holds that we lack jurisdiction to hear an interlocutory appeal from the district court’s case management order. I agree with this conclusion.

But the majority has issued a second opinion denying Swift’s petition for a writ of mandamus, see In re Swift Transp Co. Inc., No. 15-70592, 830 F.3d 913 (9th Cir. 2016), even though the district court has *900made repeated errors and is forcing Swift to litigate a matter that it may be entitled to arbitrate. For the reasons explained in my dissent to that opinion, I would hold that…