Trevor Weeks v. Union Pacific Railroad Company

U.S. Court of Appeals for the Ninth Circuit

Trevor Weeks v. Union Pacific Railroad Company

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 24 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

TREVOR WEEKS, No. 18-15872

Plaintiff, D.C. No. 1:13-cv-01641-AWI-JLT

v. MEMORANDUM* UNION PACIFIC RAILROAD COMPANY, a Delaware corporation,

Defendant-Appellee,

v.

KAY McKENZIE PARKER, Proposed Intervenor,

Movant-Appellant.

Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding

Submitted September 18, 2019**

Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Plaintiff Trevor Weeks’s former counsel Kay McKenzie Parker appeals pro

se from the district court’s order denying her motion to intervene in her former

client’s employment discrimination action for the purpose of moving for attorney’s

fees. We have an independent obligation to consider whether an appeal is moot.

In re Burrell, 415 F.3d 994, 997 (9th Cir. 2005).

The record on appeal reflects that Parker was party to an agreement waiving

any further entitlement to fees in this action. Therefore, the appeal is moot.1

Union Pacific Railroad Company’s motion to supplement the record on

appeal (Docket Entry No. 19) is granted.

Parker’s request for sanctions, set forth in her reply brief, is denied.

DISMISSED.

1 We note that appellant failed to include a copy of the settlement agreement on appeal.

2 18-15872

Reference

Status
Unpublished