Paradise Valley Farms v. Federal Deposit Insurance

U.S. Court of Appeals for the Ninth Circuit
Paradise Valley Farms v. Federal Deposit Insurance, 403 F. App'x 173 (9th Cir. 2010)

Paradise Valley Farms v. Federal Deposit Insurance

Opinion

MEMORANDUM ***

Phillip Geertson appeals. 1 His brief states that the appeal is from an order dismissing claims, but that cannot be so; there is no such order. Indeed, as the district court’s orders make clear, no judgment has been entered. Absent a final order, there is no appellate jurisdiction under 28 U.S.C. § 1291 — which is the only basis upon which his brief asserts that we may proceed. Even if we ignore this and look to his notice of appeal, it indicates that Geertson appeals the December 27, 2007 denial of reconsideration. However, we lack jurisdiction on the basis of that order, too, unless we suppose that what Geertson actually means to appeal was the underlying order of September 28, 2007. Assuming this is so, and that we have jurisdiction, see Sierra On-Line, Inc. v. Phx. Software, Inc., 739 F.2d 1415, 1420-21 (9th Cir. 1984), his appeal lacks merit and we affirm.

To the extent Geertson argues that the district court erroneously held him in contempt, the argument is frivolous. No such order appears. Beyond this, the court did not abuse its discretion in granting in part the Bank’s motion to compel. The UCC has no bearing on the matter in dispute. Nor did the court abuse its discretion in denying Geertsoris motion for reconsidera *175 tion. It did not clearly err in any respect; in particular it did not err in failing to require the Bank to comply with the UCC because the UCC was not relevant to the settlement or the subsequent orders enforcing it.

Finally, Geertson suggests in reply that the FDIC is not the real party in interest. This is also frivolous. 2

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. Geertson appears to treat Paradise Valley Farms as an appellant as well, though it is not.

2

. We remind counsel for Geertson that briefs on appeal must comply with Fed. R.App. P. 28. The statements made, and arguments presented, should accurately reflect the record. Frivolous appeals and arguments may be sanctioned under Fed. R.App. P. 38.

Reference

Full Case Name
PARADISE VALLEY FARMS, a Nevada Partnership; Et Al., Plaintiffs, Marilyn L. Geertson; Et Al., Plaintiffs, and Phillip W. Geertson, Plaintiff—Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee
Status
Unpublished