HARMSTON v. CITY AND COUNTY OF SAN FRANCISCO

No. 09-16562.

627 F.3d 1273 (2010)

Clayton HARMSTON; Gigi George; James Lewis; Erik Evanson; Erik Solares; Dave Parry; Noah Mallinger; Carlos Mustafich; Luis Dejesus; James D. Aherne; Jason Kirchner; Reginald Scott; Gerald P. Lyons; Wendy Hurley; Holly Stoumen; Christine Arndt; Shareef Nasir, individuals, Plaintiffs, and Andrew Cohen, an individual, Plaintiff-Appellant, Waukeen Q. McCoy, Appellant, v. CITY AND COUNTY OF SAN FRANCISCO; Heather Fong, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2010.


Attorney(s) appearing for the Case

Waukeen Q. McCoy, Esq. , San Francisco, CA, for the plaintiff-appellant.

Lawrence Hecimovich , Deputy City Attorney, San Francisco, CA, for the defendants-appellees.

Before: MARY M. SCHROEDER and JAY S. BYBEE, Circuit Judges, and OWEN J. PANNER, District Judge.


OPINION

BYBEE, Circuit Judge:

The district court sanctioned police officer Andrew Cohen and attorney Waukeen Q. McCoy (collectively, "Cohen") in 2007 for violating the court's discovery protective order. After the district court remanded the case to state court in 2008, and after the state court entered judgment, Cohen appealed the district court's sanctions order in 2009. We are first asked to decide whether...

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