Stephen Harris v. United States Bankruptcy Court

U.S. Court of Appeals for the Ninth Circuit
Stephen Harris v. United States Bankruptcy Court, 468 F. App'x 686 (9th Cir. 2012)

Stephen Harris v. United States Bankruptcy Court

Opinion

MEMORANDUM **

Appellants Stephen Harris and David Woolsey seek to compel the bankruptcy court to provide a hearing to challenge a temporary restraining order requiring them to produce certain evidence for imaging. The bankruptcy court’s order complied with the requirements for issuing an ex parte temporary restraining order, see Fed.R.Civ.P. 65(b), and presents no Fourth Amendment problems. Thus, the district court properly denied appellants’ petition for a writ of mandamus. See Burlington N. & Santa Fe Ry. Co. v. U.S. Dist. Ct., 408 F.3d 1142, 1146 (9th Cir. 2005).

Appellants also contend that the district court erred by imposing sanctions on appellants’ attorney in the form of attorneys’ fees to opposing counsel. The notice of appeal does not list their attorney as an appellant or otherwise make clear that the sanction order is being appealed. See Fed. R.App. P. 3(c)(1)(A), (c)(4). We thus lack jurisdiction to disturb the sanction order.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Stephen T. HARRIS; David Woolsey, Petitioners-Appellants, v. UNITED STATES BANKRUPTCY COURT, CENTRAL DISTRICT OF CALIFORNIA, Respondent-Appellee
Status
Unpublished