Wavetronix, LLC v. Myers
Opinion of the Court
MEMORANDUM
Blake S. Atkin, attorney for Wavetronix, LLC, (“Wavetronix”) appeals the district court’s orders sanctioning him pursuant to Federal Rule of Civil Procedure 11 (Rule 11),
(1) Atkin was the attorney for Wavetro-nix, which had received infusions of cash from various members of the DBSI, Inc. group of companies
Atkin did not seek leave of the bankruptcy court before filing the action. The district court could properly determine that in so proceeding Atkin filed a legally baseless
(2) After a futile attempt to have us consider an interlocutory appeal from the order imposing Rule 11 sanctions and after the case was transferred from Chief Judge Winmill’s calendar to Chief Judge Peeh-man’s calendar, Atkin sought to reprise his arguments regarding the Rule 11 sanctions decision by filing a motion for reconsideration. The district court denied that motion and imposed 28 U.S.C. § 1927 sanctions upon him. Without further explication the district court found that “the motion for reconsideration was taken to needlessly prolong the litigation and the sanctions issue and without a reasonable basis in law.” We sympathize with the district court’s frustration with Atkin’s motion,
AFFIRMED as to Rule 11 sanctions, VACATED and REMANDED as to § 1927 sanctions. The parties shall bear their own costs on appeal.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
.The Rule 11 sanction arising out of his filing of this action against Conrad Myers was imposed by Chief District Judge B. Lynn Win-mill.
. The § 1927 sanction arising out of his filing of a motion for reconsideration of the imposition of Rule 11 sanctions was imposed by then Chief District Judge Marsha J. Pechman.
. One of those members was Stellar Technologies, LLC (“Stellar”) which, at bankruptcy, held an equity interest in and promissory notes from Wavetronix.
. See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 393, 110 S.Ct. 2447, 2454, 110 L.Ed. 2d 359 (1990).
. See Truesdell v. S. Cal. Permanente Med. Grp., 293 F.3d 1146, 1153 (9th Cir. 2002).
. See Zaldivar v. City of Los Angeles, 780 F.2d 823, 831 (9th Cir. 1986), abrogated on other grounds by Cooter & Gell, 496 U.S. at 399, 405, 110 S.Ct. at 2458, 2461.
. See Barton v. Barbour, 104 U.S. 126, 127, 26 L.Ed. 672 (1881); Blixseth v. Brown (In re Yellowstone Mountain Club, LLC), 841 F.3d 1090, 1094 (9th Cir. 2016); Harris v. Wittman (In re Harris), 590 F.3d 730, 741-42 (9th Cir. 2009); Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970-71 (9th Cir. 2005).
. See Med. Dev. Int'l v. Cal. Dep't of Corr. & Rehab., 585 F.3d 1211, 1218 (9th Cir. 2009); see also 28 U.S.C. § 959(a).
. See In re Crown Vantage, 421 F.3d at 972.
. See In re Yellowstone, 841 F.3d at 1094; Leonard v. Vrooman, 383 F.2d 556, 560 (9th Cir. 1967). No facts pled in the complaint indicate that Myers acted outside the scope of his authority from the bankruptcy court.
. See Cooter & Gell, 496 U.S. at 401-02, 110 S.Ct. at 2458-59; see also United States v. Hinkson, 585 F.3d 1247, 1263 (9th Cir. 2009) (en banc).
. See Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993) (setting out grounds for a motion for reconsideration).
. See Moore v. Keegan Mgmt. Co. (In re Keegan Mgmt. Co., Sec. Litig.), 78 F.3d 431, 436 (9th Cir. 1996).
. See Pac. Harbor Capital, Inc. v. Carnival Air Lines, Inc., 210 F.3d 1112, 1118 (9th Cir. 2000).
. See B.K.B. v. Maui Police Dep’t, 276 F.3d 1091, 1107 (9th Cir. 2002).
. See Fink v. Gomez, 239 F.3d 989, 993-94 (9th Cir. 2001).
. See Keegan, 78 F.3d at 436.
. See Barber v. Miller, 146 F.3d 707, 711 (9th Cir. 1998).
Reference
- Full Case Name
- WAVETRONIX, LLC David Arnold Michael Jensen, and Blake Sime Atkin v. Conrad MYERS, as Trustee for the DBSI Liquidating Trust and William Rich James R. Zazzali, Trustee for the DBSI Estate Litigation Trust and as Trustee for the DBSI Private Actions Trust, Trustees-Appellees, Paul Judge Thomas Var Reeve John Mayeron John D. Foster Walter Mott Charles Hassard Gary Bringhurst Douglas Swenson Jeremy Swenson
- Cited By
- 1 case
- Status
- Published