Reygo Pacific Corporation, J. David Franklin, Non-Party-Appellant v. Johnston Pump Company

J- David Franklin, counsel to Reygo Pacific Corporation, appeals from the award of attorney’s fees and costs against him. An order compelling a non-party to pay attorney’s fees and costs is a final order reviewable under 28 U.S.C. § 1291 (1976). Liew v. Breen, 640 F.2d 1046, 1048 (9th Cir. 1981).

Franklin represents Reygo Pacific in an antitrust suit brought against Johnston Pump Company and Aerojet General Corporation. During the course of discovery, Reygo Pacific submitted ten interrogatories to Aerojet and Johnston Pump. Defendants refused to answer the first four on the grounds that they were irrelevant, over-broad, burdensome, oppressive, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. The disputed interrogatories sought an explanation of the corporate organization of Aerojet and Johnston Pump, and a list of all files maintained by each of their corporate departments. Reygo Pacific moved to compel answers. The magistrate denied the motion, and imposed a $350 sanction on Reygo Pacific’s attorney, J. David Franklin, on the ground that the motion to compel was not “substantially justified.” Fed.R. Civ.P. 37(a)(4). The sanction…