Johnny Pflocks, Inc. v. The Firestone Tire & Rubber Company

634 F.2d 1215 JOHNNY PFLOCKS, INC., a corporation dba Stocker Tire Service, Plaintiff/Appellant, v. The FIRESTONE TIRE & RUBBER COMPANY, a corporation, Trans-State Tire Service, Inc., a corporation, Defendants/Appellees. No. 80-4347. United States Court of Appeals, Ninth Circuit. Dec. 29, 1980. Peter G. Bertrand, Dinkelspiel & Dinkelspiel, San Francisco, Cal., for plaintiff/appellant. John M. Kelson, Peitit & Martin, David E. Lombardi, Jr., Lombardi & Lombardi, San Francisco, Cal., for defendants-appellees. Before WALLACE, SCHROEDER, and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge. 1 Johnny Pflocks, Inc. brought suit against Firestone Tire & Rubber Company. On May 16, 1980, the district court entered an order compelling Pflocks to answer Firestone's first interrogatories and to pay $7,862 in attorneys' fees and costs as a sanction for its previous failure to provide complete answers. On June 20, 1980, the court clarified that it had awarded expenses pursuant to Federal Rule of Civil Procedure 37(a)(4). 1 After Pflocks appealed the order awarding the expenses, Firestone moved this court to dismiss for lack of jurisdiction. We grant Firestone's motion. 2…