Wayne McIntosh v. Wells Fargo Bank, Na

Good Law
667 F. App'x 245
United States Court of Appeals for the Ninth CircuitJune 22, 201613-17483California305 words

Opinion

Opinion

MEMORANDUM **

Wayne McIntosh appeals pro se from the district court’s summary judgment in his diversity action alleging state law foreclosure claims. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court did not abuse its discretion in refusing to enforce the temporary restraining order because the order expired by its own terms one day after defendant removed the case, and McIntosh did not demonstrate that any party violated the restraining order. See Cal. Dep’t of Soc. Serv. v. Leavitt, 523 F.3d 1025, 1031 (9th Cir. 2008) (setting forth standard of review for motions to enforce injunctions).

The district court did not abuse its discretion in denying McIntosh’s motion to compel because discovery had closed and McIntosh did not demonstrate good cause for the untimely motion. See Jorgensen v. Cassiday, 320 F.3d 906, 913 (9th Cir. 2003) (“The district court is given broad discretion in supervising the pretrial phase of litigation, and its decisions regarding the preclusive effect of a pretrial order ... will not be disturbed unless they evidence a clear abuse of discretion.” (citation and internal quotation marks omitted)). Similarly, the district court did…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.