Stephen Kerr Eugster v. Washington State Bar Association

This disposition is not appropriate for publication and is not precedent*
except as provided by Ninth Circuit Rule 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEPHEN KERR EUGSTER,
Plaintiff - Appellant,
v.
WASHINGTON STATE BAR
ASSOCIATION; SALVADOR A.
MUNGIA, President, Washinton State Bar
Association Officers and Board of
Governors; STEVEN G. TOOLE,
President-elect, Washington State Bar
Association Officers and Board of
Governors; MARK A. JOHNSON,
Immediate Past-president, Washington
State Bar Association Officers and Board
of Governors; G. GEOFFREY GIBBS,
Washington State Bar Association Officers
and Board of Governors; BRIAN L.
COMSTOCK, Washington State Bar
Association Officers and Board of
Governors; LOREN SCOTT ETENGOFF,
Washington State Bar Association Officers
and Board Governors; ANTHONY
DAVID GIPE, Washington State Bar
Association Officers and Board
Governors; LORI S. HASKELL,
Washington State Bar Association Officers
No. 10-35694
D.C. No. 2:09-cv-00357-SMM
MEMORANDUM*
FILED
JUL 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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and Board of Governors; DAVID S.
HELLER, Washington State Bar
Association Officers and Board of
Governors; NANCY L. ISSERLIS,
Washington State Bar Association Officers
and Board of Governors; LELAND B.
KERR, Washington State Bar Association
Officers and Board of Governors; CARLA
C. LEE, Washington State Bar Association
Officers and Board of Governors; ROGER
A. LEISHMAN, Washington State Bar
Association Officers and Board of
Governors; CATHERINE L. MOORE,
Washington State Bar Association Officers
and Board of Governors; PATRICK A.
PALACE, Washington State Bar
Association Officers and Board of
Governors; MARC L. SILVERMAN;
BRENDA WILLIAMS, Washington State
Bar Association Officers and Board of
Governors; WASHINGTON STATE
SUPREME COURT; BARBARA A.
MADSEN, Chief Justice, Washington
State Supreme Court; CHARLES W.
JOHNSON, Justice, Washington State
Supreme Court; GERRY L.
ALEXANDER; RICHARD B.
SANDERS; TOM CHAMBERS, Justice,
Washington State Supreme Court; SUSAN
J. OWENS, Justice, Washington State
Supreme Court; MARY E. FAIRHURST,
Administrative Law Judge, Justice,
Washington State Supreme Court; JAMES
M. JOHNSON, Administrative Law Judge,
Justice, Washington State Supreme Court;
DEBRA L. STEPHENS, Justice,
Washington State Supreme Court,

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Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of Washington
Stephen M. McNamee, Senior District Judge, Presiding
Argued and Submitted July 10, 2012
Seattle, Washington
Before: SCHROEDER, REINHARDT, and M. SMITH, Circuit Judges.
Plaintiff-Appellant Stephen Eugster (Eugster) appeals from the district
court’s dismissal of his lawsuit on standing and ripeness grounds. Because the
parties are familiar with the factual and procedural history of this case, we repeat
only those facts necessary to resolve the issues raised on appeal. We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Eugster’s complaint does not allege that he will ever again be subject to
disciplinary proceedings. Because Eugster has not presented any allegations about
what he will do in the future that might subject him to the allegedly
unconstitutional attorney disciplinary process again, we hold that Eugster lacks
standing to pursue his claims for declaratory and injunctive relief. See Partington
v. Gedan, 961 F.2d 852, 862 (9th Cir. 1992). For the same reason, we hold that
Eugster’s claims rest on contingent future events that may not occur. Thus,

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Eugster’s claims are not ripe. See Bova v. City of Medford, 564 F.3d 1093, 1096
(9th Cir. 2009) (citation omitted).
In light of our conclusions, we decline to reach the remaining issues raised
by the parties. For the foregoing reasons, we affirm the district court’s dismissal of
Eugster’s complaint.
AFFIRMED.

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