BURTON v. INFINITY CAPITAL MANAGEMENT

No. 12-15618.

753 F.3d 954 (2014)

Freddy Joe BURTON; Jan Paul Koch, Plaintiffs-Appellees, v. INFINITY CAPITAL MANAGEMENT; Anne Pantelas; Salvatore C. Gugino, Defendants-Appellants, and Ronald J. Israel, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2014.


Attorney(s) appearing for the Case

Kenneth R. Lund (argued) and Brian K. Terry , Thorndal, Armstrong, Delk, Balkenbush & Eisinger, Las Vegas, NV, for Defendant-Appellant Salvatore C. Gugino.

Daniel R. McNutt (argued), Carbajal & McNutt, LLP, Las Vegas, NV, for Defendants-Appellants Infinity Capital Management and Anne Pantelas.

Jan Paul Koch (argued), Law Office of Jan Paul Koch, Las Vegas, NV; Robert J. Kossack , Kossack Law Offices, Las Vegas, NV, for Plaintiffs-Appellees Freddy Joe Burton and Jan Paul Koch.

Before: SIDNEY R. THOMAS, RONALD LEE GILMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.


OPINION

THOMAS, Circuit Judge:

This case requires us to decide whether an attorney who prepares an order to show cause for a judge is entitled to absolute quasi-judicial immunity. We hold that he is not and affirm the judgment of the district court.

I

Freddy Joe Burton ("Burton") was injured in a bicycle-automobile collision. He incurred $271,101.87 in related medical expenses and loans and retained Jan Paul Koch ("Koch") to file a lawsuit...

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