Jeffrey C. Stone Incorporated v. Greenberg Traurig Llp

11-17090Court of Appeals for the Ninth Circuit25 gen 2012

Testo completo

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Mary H. Murguia, United States Circuit Judge for the**
Ninth Circuit, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFFREY C. STONE INCORPORATED,
Plaintiff,
v.
GREENBERG TRAURIG LLP, et al.
Defendants,
and
GRANT H. GOODMAN,
Real-party-in-interest -
Appellant.
No. 11-17090
D.C. No. 2:09-cv-02454-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Mary H. Murguia, Circuit Judge, Presiding**
FILED
JAN 25 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The panel unanimously concludes this case is suitable for decision***
without oral argument. See Fed. R. App. P. 34(a)(2).
11-17090 2
Submitted January 17, 2012***
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Attorney Grant H. Goodman appeals pro se from the district court’s
judgment imposing sanctions against him under its inherent authority for conduct
related to his representation of plaintiff in the underlying action. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Primus
Auto. Fin. Servs., Inc. v. Batarse, 115 F.3d 644, 648 (9th Cir. 1997), and we affirm.
The district court did not abuse its discretion in imposing sanctions against
Goodman because, among other actions, he improperly tried to remove a probate
action; misrepresented the law and the facts to the court; and caused defendants to
defend a baseless action before his client voluntarily dismissed it at the eleventh
hour. See id. at 649 (inherent authority sanctions are warranted for a party’s bad
faith in knowingly or recklessly raising frivolous claims or arguments); see also
Fink v. Gomez, 239 F.3d 989, 994 (9th Cir. 2001) (inherent authority sanctions are
available for an attorney’s reckless misstatements for an improper purpose).
Gordon’s remaining contentions, including those related to the district

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11-17090 3
court’s alleged bias in imposing sanctions, are unpersuasive. See Toth v. Trans
World Airlines, Inc., 862 F.2d 1381, 1388 (9th Cir. 1988) (alleged bias must stem
from an extrajudicial source).
Goodman’s motion, in which he appears to ask this court to dismiss the state
disciplinary proceedings against him or to void his suspension from practice by the
state bar, is denied.
AFFIRMED.

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