Protective Life Insurance Co. v. Robert Mosier

MEMORANDUM

In these consolidated appeals, Protective Life Insurance Company (“Protective Life”) appeals from the district court’s judgment denying its motions for leave to sue receiver Robert T. Mosier (“Receiver”) nunc pro tunc, and granting the Receiver’s motion to hold Protective Life in violation of a preliminary injunction and strike its two lawsuits. The appeals arise from a Securities and Exchange Commission enforcement action, in which the district court appointed the Receiver and issued a preliminary injunction imposing a blanket stay of litigation against the Receiver unless a party received leave of court. Protective Life filed two lawsuits against the Receiver without first obtaining leave from the district court.

We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. See Preminger v. Peake, 552 F.3d 757 , 769 n. 11 (9th Cir.2008) (the abuse of discretion standard applies to a district court’s decisions concerning management of litigation); SEC v. Capital Consultants, LLC, 397 F.3d 733 , 738 (9th Cir.2005) (“A district court’s decision concerning the supervision of an equitable receivership is reviewed for abuse of discretion.”); In re At…