United States v. Associated Convalescent Enterprises, Inc., United States of America v. Leo Branton, Jr.

Leo Branton appeals an order of the district court, 600 F.Supp. 18 , imposing monetary sanctions against him under 28 U.S.C. § 1927 . The court found that Mr. Branton had unreasonably delayed a trial by causing himself to be disqualified as the attorney of record one day before the trial was scheduled to begin. The government has cross-appealed, asserting that the district court’s sanctions were inadequate. We affirm the order of the district court.

FACTS

The underlying case involves an attempt by the United States to recover allegedly improper Medicare charges by three convalescent hospitals. In an earlier action, this court affirmed a finding of liability against the three hospitals. United States v. California Care Corp., 709 F.2d 1241 (9th Cir.1983). In this case, the government seeks to establish the liability of Associated Convalescent Enterprises on the theory that it was the corporate alter ego of some or all of these hospitals.

The trial was originally scheduled to begin on April 3, 1984, before Judge Waters. On February 1, 1984, the government filed its proposed witness list which included the name of Leo Branton, Jr., an attorney who had appeared as a witness in a…