U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Javier Olvera-Yanez

United States v. Javier Olvera-Yanez
U.S. Court of Appeals for the Ninth Circuit · Decided February 22, 2012 · Fernandez, McKeown, Bybee
468 F. App'x 764

United States v. Javier Olvera-Yanez

Opinion

MEMORANDUM **

Attorney Nikoo Berenji appeals the district court’s imposition of sanctions for appearing late to a hearing. We have jurisdiction under 28 U.S.C. § 1291, and we vacate the imposition of sanctions and remand.

Berenji contends the district abused its discretion when it imposed a $100 sanction under its inherent powers without a finding of bad faith. We agree that Berenji’s single tardy appearance does not justify a monetary sanction in this case. See Mendez v. County of San Bernardino, 540 F.3d 1109, 1130-33 (9th Cir. 2008) (vacating sanction order imposed under district court’s inherent powers where the court did not make a bad faith finding before imposing sanctions and the record did not support such a finding); Zambrano v. City of Tustin, 885 F.2d 1473, 1480 (9th Cir. 1989) (“[C]onduct amounting to recklessness, gross negligence, repeated — although unintentional — flouting of court rules, or willful misconduct” is required before monetary sanctions can be imposed under local rules) (footnotes omitted).

VACATED and REMANDED.

**

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

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