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BLUM v. MERRILL LYNCH PIERCE FENNER & SMITH INC.

No. 11-55635.

712 F.3d 1349 (2013)

Scott A. BLUM, Individually and as Trustee of the Scott A. Blum Separate Property Trust, the Will Scott Blum Trust, the Emma Rose Blum Trust and the Scott Blum Grat, Plaintiff-Appellant, v. MERRILL LYNCH PIERCE FENNER & SMITH INC., a Delaware Corporation, aka Merrill Lynch & Co., Defendant, KPMG LLP, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2013.

Attorney(s) appearing for the Case

Michael J. Avenatti , (argued) Eagan O'Malley & Avenatti, LLP, Newport Beach, CA; Michael Q. Eagan , Law Offices of Michael Eagan, San Francisco, CA, for Plaintiff-Appellant.

Robert Leo Dell Angelo , Mark Dworsky , and James Rutten , Munger, Tolles & Olson, LLP, Los Angeles, CA, for Defendant.

Jack P. DiCanio , Richard Marmaro , Ronda McKaig , and Peter B. Morrison , Skadden, Arps, Slate, Meagher & Flom, LLP, Los Angeles, CA, for Intervenor-Appellee.

Before: STEPHEN REINHARDT and KIM McLANE WARDLAW, Circuit Judges, and ROBERT HOLMES BELL, District Judge.

OPINION

BELL, District Judge:

Scott A. Blum appeals a district court order granting KPMG LLP's motion to intervene, and modifying a protective order so that a deposition transcript would be held in escrow rather than destroyed. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I. Factual and Procedural Background

In 2003, in a case that was removed to the Central District of California, Blum sued Merrill Lynch Pierce...

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