Lynn v. Gateway Unified School District

Attorney Robert E. Thurbon (Thurbon) appeals the district court’s order finding that he committed ethical violations, and disqualifying him from representing the plaintiff Kendall Lynn (Lynn) in a pending action against Gateway Unified School District (Gateway). Because the ethical violations are intertwined with the disqualification order, and because the United States Supreme Court has held that disqualification is not subject to interlocutory appeal, we dismiss the appeal for lack of jurisdiction.

I. BACKGROUND

Lynn is the former Director of Information and Technology for Gateway. He was responsible “for maintaining, operating and ensuring the security of [Gateway’s] Information Technology systems including [its] email system.” Lynn “reported directly to the Assistant Superintendent and the Superintendent ...”

John Strohmayer (Strohmayer) was the Superintendent for Gateway from 2002 to June 30, 2009. From July 1, 2009, to June 30, 2011, Robert Hubbell (Hubbell) was the Superintendent. Jody Thulin (Thulin) was the Assistant Superintendent/Chief Business Official of Gateway. On June 3, 2009, when Thulin was on administrative leave, Hubbell met with Thulin, among…