Oliver Preiss v. Roy Horn

MEMORANDUM

Oliver and Beatrice Preiss appeal the district court’s order imposing sanctions under 28 U.S.C. § 1927 on their counsel in their Title VII employment discrimination action against S & R Production Co. (“S & R”) and Roy Horn. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Plaintiffs’ attorneys have standing to appeal the order of sanctions against them. These attorneys have made their intent to appeal the sanctions order clear by preparing, signing, and filing the notice of appeal, which lists them as the attorneys for Plaintiffs. See Detabali v. St. Luke’s Hospital, 482 F.3d 1199, 1204 (9th Cir.2007).

When a party’s counsel “multiplies the proceedings in any ease unreasonably and vexatiously,” the court may require that counsel “satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.” 28 U.S.C. § 1927 ; see also In re Girardi, 611 F.3d 1027, 1060-61 (9th Cir.2010). Appellants’ counsel did so here.

Beatrice Preiss brought a negligent infliction of emotional distress (“NIED”) action against Horn on the basis that she suffered emotional distress after watching a videotape of events involving…