Timothy Blixseth v. Yellowstone Mountain Club, LLC

Good Law
796 F.3d 1004·2015 WL 4620096·92 Fed. R. Serv. 3d 475·2015 U.S. App. LEXIS 13559
United States Court of Appeals for the Ninth CircuitAugust 4, 201512-35986California1,510 words

Opinion

Opinion

ORDER

In a recusal motion, Timothy Blixseth and his attorneys hurled nineteen accusations of misconduct at a bankruptcy judge who had ruled against Blixseth. In a forty-seven page opinion, the judge found the accusations to be meritless. In re Yellowstone Mountain Club, LLC, No. 08-61570-11, 2011 WL 766979 (Bankr.D.Mont. Feb. 25, 2011). The district court affirmed, as did we, concluding that Blixseth’s accusations were “a transparent attempt to wriggle out of an unfavorable decision by smearing the reputation of the judge who made it.” Blixseth v. Yellowstone Mountain Club, LLC, 742 F.3d 1215, 1218, 1222 (9th Cir.2014). We subsequently issued an order to show cause why Blixseth and his attorneys should not be sanctioned for pressing the appeal. Having heard from all interested parties, we now rule on the order to show cause.

1. Blixseth and Flynn

i. We “have discretion to award damages, attorney’s fees,' and single or double costs as a'sanction for bringing a frivolous appeal.” Glanzman v. Uniroyal, Inc., 892 F.2d 58, 61 (9th Cir.1989) (citing Fed. R.App. P. 38). An appeal is frivolous “when the result is obvious or the appellant’s arguments are wholly without merit.” Id.…

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