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AGUON-SCHULTE v. GUAM ELECTION COM'N.

No. 05-16067.

469 F.3d 1236 (2006)

Lourdes P. AGUON-SCHULTE; Jay Merrill, on his own behalf and on behalf of all others similarly situated voters desirous of casting a vote in favor of Proposal A at a fair and legal election, Plaintiffs-Appellees, v. GUAM ELECTION COMMISSION; Gerald A. Taitano, in his official capacity as Executive Director of the Guam Election Commission; Felix P. Camacho, in his official capacity as Governor of Guam; I Mina' Bente Siete Na Liheslaturan Guahan (The 27th Guam Legislature), Defendants-Appellees, v. Attorney General of Guam, Plaintiff-intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2006.

Attorney(s) appearing for the Case

Robert M. Weinberg (brief), Assistant Attorney General and Douglas B. Moylan (argued), Attorney General, Territory of Guam, Hagatna, Guam, for the appellant.

Theodore S. Christopher (brief), and Cesar Cabot (argued), Cabot Mantanona LLP, Tamuning Guam, for defendants-appellees, Guam Election Commission & Gerald A. Taitano.

Rodney J. Jacob (brief) and Daniel M. Benjamin (argued), Calvo & Clark LLP, Tamuning, Guam, for Governor Felix P. Camacho.

Before B. FLETCHER, PREGERSON, and CANBY, Circuit Judges.

PREGERSON, Circuit Judge.

This case involves an appeal from a district court's order denying a request to strike outside counsel and remanding the case to the Guam Superior Court for failure to join all defendants in the removal action. Generally, a district court's order denying a motion to disqualify counsel is not appealable under 28 U.S.C. § 1291 prior to final judgment in the underlying litigation. Further, remand orders issued under 28 U.S.C. § 1447...

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