Mitchell Siegel v. Dignity Health

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 18 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MITCHELL SIEGEL; DAWN SIEGEL, No. 20-16333

Plaintiffs-Appellees, D.C. No. 2:14-cv-02561-SPL

v.

MEMORANDUM*

DIGNITY HEALTH, DBA Chandler Regional Medical Center, DBA Gilbert Mercy Medical Center,

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Steven Paul Logan, District Judge, Presiding

Argued and Submitted November 15, 2021 Phoenix, Arizona

Before: CLIFTON, BRESS, and VANDYKE, Circuit Judges.

Dignity Health appeals the district court’s award of attorney’s fees to the

Siegels, raising three arguments. First, Dignity Health claims that Appellees

Mitchell and Dawn Siegel do not qualify as “prevailing parties” for the purpose of

recovering attorney’s fees. Second, Dignity Health claims that the district court

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. erred in determining that Dignity Health was judicially estopped from…