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ZAMANI v. CARNES

No. 04-17571.

491 F.3d 990 (2007)

Michael A. ZAMANI, an individual; Nancy Miller-Wallace, formerly Nancy Zamani, an individual, Plaintiffs-Appellees, v. H. Gene CARNES; Phillip Carnes; Jennifer Carnes; Kathryn Schaller; Kevin Schaller, individuals, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2007.

Attorney(s) appearing for the Case

James R. Hales, Rowe & Hales, Minden, NV, for the appellants.

Michael A. Zamani, pro se, San Jose, CA, argued on his own behalf. Timothy E. Herr, Herr & Zapala, San Jose, CA, was on the brief for the appellees.

Before: PROCTER HUG, JR. and W. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

HOLLAND, District Judge.

Appellants H. Gene Carnes, Phillip Carnes, Jennifer Carnes, Kathryn Schaller, and Kevin Schaller ("the Carneses") appeal the district court's denial of their motion to strike and/ or dismiss and their motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I.

In January 2000, the Carneses, who were residents of Nevada, commenced a declaratory...

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