Kpmg Llp, a Delaware Limited Liability Partnership v. Kurt Kanam, individually

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KPMG LLP, a Delaware Limited Liability
Partnership,
Plaintiff - Appellee,
v.
KURT KANAM, individually and as
Tribal Attorney for the Native Village of
Karluk and ORBIE MULLINS,
individually and as Village of Karluk
Tribal Court Judge for the Karluk Trial
Court for the Native Village of Karluk,
Defendants - Appellants.
No. 15-35714
D.C. No. 3:15-cv-00129-SLG
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted June 9, 2016**
Seattle, Washington
FILED
JUN 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Before: EBEL,*** PAEZ, and BYBEE, Circuit Judges.
Appellants Kurt Kanam and Orbie Mullins filed their interlocutory appeal
challenging the district court’s order granting KPMG a preliminary injunction. We
have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), and we affirm.
Although Kanam and Mullins received notice and service of KPMG’s
motion for a preliminary injunction, they failed to oppose KPMG’s motion before
the district court. Neither Kanam nor Mullins filed an opposition brief or appeared
at the district court’s hearing on the motion for a preliminary injunction. Instead,
they raised their objections to the preliminary injunction for the first time on
appeal. Under our case law, failure to raise an issue before the district court waives
consideration of that issue on appeal. K.W. ex rel. D.W. v. Armstrong, 789 F.3d
962, 974 (9th Cir. 2015). Accordingly, the district court’s order granting
preliminary injunctive relief is
AFFIRMED.
*** The Honorable David M. Ebel, Senior Circuit Judge for the U.S.
Court of Appeals for the Tenth Circuit, sitting by designation.
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