Trevor Weeks v. Union Pacific Railroad Company
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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 24 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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- Unpublished