Acklin v. Lockheed Martin Corporation

U.S. Court of Appeals for the Ninth Circuit
Acklin v. Lockheed Martin Corporation, 141 F.3d 1173 (9th Cir. 1998)
1998 U.S. App. LEXIS 13959; 1998 WL 75096

Acklin v. Lockheed Martin Corporation

Opinion

141 F.3d 1173

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Barbara ACKLIN; Lester Acklin; Karen Adams; Karlee Adams,
a minor, by and through her Guardian Ad Litem; Margaret
Albani; Maria Lynn Albani, a minor, by and through her
Guardian Ad Litem; William C. Albani; Vonna J. Anderson;
Lori Avila; William Avila, Sr.; Alysa Avila, a minor, and
William Avila, Jr., a minor, by and through their Guardian
Ad Litem; Karen Backus; Mary C. Backus; Scott W. Barker;
Cassandra Baucom; Karolyn Baucom; Michael Baucom; Lennis
A. Beeman; Cynthia Blundell; Lee B. Brandt; William P.
Bristow; James NMI Brown; Tina Brown; Jean Burnside;
Aulbonie Burnside, a minor, by and through her Guardian Ad
Litem; Bonnie Burnside; John Burnside, a minor, by and
through his Guardian Ad Litem; Julie L. Burnside, a minor,
by and through her Guardian Ad Litem; David Calleros;
David Ray Calleros; David R. Calleros, Derek P. Calleros, a
minor, by and through his Guardian Ad Litem; Cindy Cardoza;
Amber Cardoza, a minor by and through her Guardian Ad
Litem; Cindy A. Cardoza; Patrick Ryan Cardoza; Paul M.
Cardoza; Saundra Carrier; Roslyn J. Carrillo; Blake
Douglas Carrillo, a minor, by and through his Guardian Ad
Litem; Kyle Arturo Carrillo, a minor, by and through his
Guardian Ad Litem; Mary Kay Carrillo; Randy A. Carrillo;
Edmond D. Carroll; Madison Carroll, a minor, by and through
her Guardian Ad Litem; Martha Carroll; Amber Carter;
Glenda Carter; Joyce M. Cason; Larry Cason; Rita
Castledine; Holly J. Castro; Richard A. Castro; Shannon
J. Causey; James Cayzer; Michelle Chastain; Tamara
Chrysler; Aaron Chrysler, a minor, by and through his
Guardian Ad Litem; Melissa Chrysler, a minor, by and
through her Guardian Ad Litem; Rodger W. Clark; Amanda E.
Clark, a minor, by and through her Guardian Ad Litem;
Wendie E. Clark; Christopher D. Crow, a minor, by and
through his Guardian Ad Litem; Dorothy Day; Victor Dinkel;
Ashley Dinkel, a minor, by and through her Guardian Ad
Litem; Mary Ann Finstad; Alvaro F. Flores; Mary L.
Flores; Laura Gardner; Kayla Gardner, a minor, by and
through her Guardian Ad Litem; Keith R. Gardner, Sr.;
Kevin Gardner, a minor, by and through his Guardian Ad
Litem; Mary Gauer; Connie J. Getz; Cliff L. Getz, a
minor, by and through his Guardian Ad Litem; Jim Getz:
Scott Getz; Tammee Jo Getz, a minor, by and through her
Guardian Ad Litem; John Good; Leota Gravette: Jeffrey R.
Hafley; Tamara J. Haight; Sally L. Hatcher; Jerome B.
Hawkins; Jeremy B. Hawkins, a minor, by and through his
Guardian Ad Litem; Timothy B. Hawkins; Margaret A. Heiber;
Tammy Silvers; Kristin L. Helman, a minor, by and through
her Guardian Ad Litem; Florence Hendrix; Oscar Hendrix;
Carol Hillis; Daniel Hillis; Raymarie Holdren; Elizabeth
A. Hughes; Marla E. Hughes; Richard A. Hughes; Leigh
Hunt; Dave Johnson; Brian Keith; Elizabeth Keller; Irene
Keller; Lucy Kenyon; Michelle Lumpkin; Nicoletta A.
Martin; Vincent T. Martin; William F. Martin; Daniel
Matterson, a minor, by and through his Guardian Ad Litem;
Krystal Matterson; Edward J. McCarthy; Judith A. Mills;
Donna Mitchell; Donna Mitchell; Heather Mitchell, a minor,
by and through her Guardian Ad Litem; Joan M. Mitchell;
John Mitchell; Nelbie Moon; Jeffrey W. Mullenax; Ophelia
Mullenax, a minor, by and through her Guardian Ad Litem;
Merry L. Nelson; Jeremy Norberg; Sherry Norberg; Tawni
Norberg, a minor, by and through her Guardian Ad Litem;
Patty Nymeyer; Christine B. Oliver; Lester C. Park;
Gloria Peterson; Henry C. Peterson; Wanda F. Peterson;
Allison B. Purtteman, a minor, by and through her Guardian
Ad Litem; Barry Purtteman; Eric Purtteman; Eric
Purtteman, a minor, by and through his Guardian Ad Litem;
Mark A. Purtteman; Francis P. Ramirez; Martin J. Ramirez;
Roberto Ramirez; Francis Ramirez; Elizabeth Reaser;
Joshua Reaser, a minor, by and through his Guardian Ad
Litem; Ryan Reaser, a minor, by and through his Guardian Ad
Litem; Carol J. Rosenberg; Sandra K. Salisbury; Paul J.
Sessions, a minor, by and through his Guardian Ad Litem;
Rusty L. Sessions; Stephanie Marie Sessions, a minor, by
and through her Guardian Ad Litem; Virginia Shaw; Chastity
Silvers, a minor, by and through her Guardian Ad Litem;
Cheryl Silvers; Dinnis Silvers; Steven R. Silvers; Tammy
Silvers; Travis Silvers, a minor, by and through his
Guardian Ad Litem; Daniel J. Stafford, a minor, by and
through his Guardian Ad Litem; Fred J. Stafford; Jason
Stafford; Joan Stafford; Joan C. Smothers; Kathy
Stafford; Linda Stafford; Roger Stafford; Stephen
Stafford; Paula Stewart; Janice Tibbs; Jonathan W. Tibbs;
a minor, by and through his Guardian Ad Litem; Jennifer
Tomlinson, a minor, by and through her Guardian Ad Litem;
Pam Tucker; April W. Tucker, a minor, by and through her
Guardian Ad Litem; Dwain A. Tucker; Joshua A. Tucker, a
minor, by and through his Guardian Ad Litem; Robin Unwin, a
minor, by and through her Guardian Ad Litem; Earle J.
Walsh; Lillian C. Walsh; Robert L. Wills; Robert Wells,
Jr.; Sara Wells, Plaintiffs-Appellees,
v.
LOCKHEED MARTIN CORPORATION, Defendant-Appellant.

No. 97-56072.
D.C. No. CV-97-02636-HLH.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 3, 1998.
Decided Feb. 20, 1998.

Appeal from the United States District Court for the Central District of California Harry L. Hupp, District Judge, Presiding.

Before PREGERSON, HALL, and NOONAN, Circuit Judges.

1

ORDER*

2

This court has no jurisdiction over Lockheed's appeal of the district court's order remanding this case to the state court. See 28 U.S.C. § 1447(d). We note for the record that plaintiffs' counsel agreed during oral argument to waive and not to assert in state court any claims based on the collateral estoppel or res judicata effect of the federal proceedings.

3

APPEAL DISMISSED.

*

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

Reference

Full Case Name
Barbara Acklin Lester Acklin Karen Adams Karlee Adams, a Minor, by and Through Her Guardian Ad Litem Margaret Albani Maria Lynn Albani, a Minor, by and Through Her Guardian Ad Litem William C. Albani Vonna J. Anderson Lori Avila William Avila, Sr. Alysa Avila, a Minor, and William Avila, Jr., a Minor, by and Through Their Guardian Ad Litem Karen Backus Mary C. Backus Scott W. Barker Cassandra Baucom Karolyn Baucom Michael Baucom Lennis A. Beeman Cynthia Blundell Lee B. Brandt William P. Bristow James Nmi Brown Tina Brown Jean Burnside Aulbonie Burnside, a Minor, by and Through Her Guardian Ad Litem Bonnie Burnside John Burnside, a Minor, by and Through His Guardian Ad Litem Julie L. Burnside, a Minor, by and Through Her Guardian Ad Litem David Calleros David Ray Calleros David R. Calleros, Derek P. Calleros, a Minor, by and Through His Guardian Ad Litem Cindy Cardoza Amber Cardoza, a Minor by and Through Her Guardian Ad Litem Cindy A. Cardoza Patrick Ryan Cardoza Paul M. Cardoza Saundra Carrier Roslyn J. Carrillo Blake Douglas Carrillo, a Minor, by and Through His Guardian Ad Litem Kyle Arturo Carrillo, a Minor, by and Through His Guardian Ad Litem Mary Kay Carrillo Randy A. Carrillo Edmond D. Carroll Madison Carroll, a Minor, by and Through Her Guardian Ad Litem Martha Carroll Amber Carter Glenda Carter Joyce M. Cason Larry Cason Rita Castledine Holly J. Castro Richard A. Castro Shannon J. Causey James Cayzer Michelle Chastain Tamara Chrysler Aaron Chrysler, a Minor, by and Through His Guardian Ad Litem Melissa Chrysler, a Minor, by and Through Her Guardian Ad Litem Rodger W. Clark Amanda E. Clark, a Minor, by and Through Her Guardian Ad Litem Wendie E. Clark Christopher D. Crow, a Minor, by and Through His Guardian Ad Litem Dorothy Day Victor Dinkel Ashley Dinkel, a Minor, by and Through Her Guardian Ad Litem Mary Ann Finstad Alvaro F. Flores Mary L. Flores Laura Gardner Kayla Gardner, a Minor, by and Through Her Guardian Ad Litem Keith R. Gardner, Sr. Kevin Gardner, a Minor, by and Through His Guardian Ad Litem Mary Gauer Connie J. Getz Cliff L. Getz, a Minor, by and Through His Guardian Ad Litem Jim Getz: Scott Getz Tammee Jo Getz, a Minor, by and Through Her Guardian Ad Litem John Good Leota Gravette: Jeffrey R. Hafley Tamara J. Haight Sally L. Hatcher Jerome B. Hawkins Jeremy B. Hawkins, a Minor, by and Through His Guardian Ad Litem Timothy B. Hawkins Margaret A. Heiber Tammy Silvers Kristin L. Helman, a Minor, by and Through Her Guardian Ad Litem Florence Hendrix Oscar Hendrix Carol Hillis Daniel Hillis Raymarie Holdren Elizabeth A. Hughes Marla E. Hughes Richard A. Hughes Leigh Hunt Dave Johnson Brian Keith Elizabeth Keller Irene Keller Lucy Kenyon Michelle Lumpkin Nicoletta A. Martin Vincent T. Martin William F. Martin Daniel Matterson, a Minor, by and Through His Guardian Ad Litem Krystal Matterson Edward J. McCarthy Judith A. Mills Donna Mitchell Donna Mitchell Heather Mitchell, a Minor, by and Through Her Guardian Ad Litem Joan M. Mitchell John Mitchell Nelbie Moon Jeffrey W. Mullenax Ophelia Mullenax, a Minor, by and Through Her Guardian Ad Litem Merry L. Nelson Jeremy Norberg Sherry Norberg Tawni Norberg, a Minor, by and Through Her Guardian Ad Litem Patty Nymeyer Christine B. Oliver Lester C. Park Gloria Peterson Henry C. Peterson Wanda F. Peterson Allison B. Purtteman, a Minor, by and Through Her Guardian Ad Litem Barry Purtteman Eric Purtteman Eric Purtteman, a Minor, by and Through His Guardian Ad Litem Mark A. Purtteman Francis P. Ramirez Martin J. Ramirez Roberto Ramirez Francis Ramirez Elizabeth Reaser Joshua Reaser, a Minor, by and Through His Guardian Ad Litem Ryan Reaser, a Minor, by and Through His Guardian Ad Litem Carol J. Rosenberg Sandra K. Salisbury Paul J. Sessions, a Minor, by and Through His Guardian Ad Litem Rusty L. Sessions Stephanie Marie Sessions, a Minor, by and Through Her Guardian Ad Litem Virginia Shaw Chastity Silvers, a Minor, by and Through Her Guardian Ad Litem Cheryl Silvers Dinnis Silvers Steven R. Silvers Tammy Silvers Travis Silvers, a Minor, by and Through His Guardian Ad Litem Daniel J. Stafford, a Minor, by and Through His Guardian Ad Litem Fred J. Stafford Jason Stafford Joan Stafford Joan C. Smothers Kathy Stafford Linda Stafford Roger Stafford Stephen Stafford Paula Stewart Janice Tibbs Jonathan W. Tibbs a Minor, by and Through His Guardian Ad Litem Jennifer Tomlinson, a Minor, by and Through Her Guardian Ad Litem Pam Tucker April W. Tucker, a Minor, by and Through Her Guardian Ad Litem Dwain A. Tucker Joshua A. Tucker, a Minor, by and Through His Guardian Ad Litem Robin Unwin, a Minor, by and Through Her Guardian Ad Litem Earle J. Walsh Lillian C. Walsh Robert L. Wills Robert Wells, Jr. Sara Wells v. Lockheed Martin Corporation
Status
Unpublished