Atkinson-Baker & Associates, Inc. v. James G. Kolts, in His Official Capacity

Good Law
7 F.3d 1452·93 Daily Journal DAR 13610·1993 WL 433526·1993 U.S. App. LEXIS 27879·93 Cal. Daily Op. Serv. 7961
United States Court of Appeals for the Ninth CircuitOctober 28, 199393-55336California1,121 words

Opinion

Opinion

Atkinson-Baker & Associates, Inc., a court reporting service, appeals the district court’s judgment for James G. Kolts in Atkinson-Baker’s action seeking declaratory and in-junctive relief because Kolts barred Atkinson-Baker from continuing to provide court reporting services in a case over which he served as special master. The district court found that Special Master Kolts was absolutely immune from suit in this instance. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Background

In 1985, the Church of Scientology International, Inc. filed two actions in district court against the Church of the New Civilization alleging various federal statutory claims. The two actions subsequently were consolidated and assigned to District Court Judge James M. Ideman. Noting the complexity of the consolidated action, Judge Ideman appointed James G. Kolts, retired judge of the Los Angeles Superior Court, to serve as special master pursuant to Fed.R.Civ.P. 53. As special master, Kolts was authorized to (1) recommend methods to expedite the litigation, (2) preside over all pretrial matters and, in his discretion, place any hearings on the record, and (3) schedule and prehide over…

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