Hussein

Hussein v. Nevada System of Higher Education

Good Law
458 F. App'x 659
United States Court of Appeals for the Ninth CircuitNovember 17, 201107-16435, 08-15976, 08-17626, 09-16057, 09-17496, 10-16671, 10-17069, 10-17150, 10-17282California907 words

Opinion

Opinion

MEMORANDUM

These consolidated appeals arise out of various orders entered by the district court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and vacate and remand in part.

07-16435

In appeal 07-16435, we grant defendants’ motion for judicial notice of the complaints in the related cases because the record in this case contains numerous references to these documents and they were central to the parties’ arguments before the district court. See Bennett v. Medtronic, Inc., 285 F.3d 801 , 803 n. 2 (9th Cir.2002).

We hold that the vexatious litigant injunction was properly issued because (1) Hussein had notice and an opportunity to submit written arguments on the issue; (2) the district court created an adequate record for review by addressing Hussein’s prior cases; (3) the district court made substantive findings as to the frivolous and harassing nature of the actions; and (4) the injunction was narrowly tailored to prevent Hussein only from continuing his frivolous and harassing litigation tactics. See Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1057-58 (9th Cir.2007).

08-15976

In appeal 08-15976, we hold that the first contempt order was not an…

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