Martha Sweet v. John Daly Glen E. Tucker Robert G. Clark Jean Stone Mark Connely Rodell Fick

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Martha SWEET, Plaintiff-Appellant, v. John DALY; Glen E. Tucker; Robert G. Clark; Jean Stone; Mark Connely; Rodell Fick, Defendants-Appellees. No. 92-56388. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1993. * Decided Nov. 24, 1993. Before: SKOPIL, HALL, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 We affirm the dismissal of Martha Sweet's complaint, and award sanctions against June McGee. 3 * John Daly and the other defendants argue that this court lacks jurisdiction over the complaint because Sweet's notice of appeal was not timely filed. Sweet filed her notice of appeal on October 23, 1992, ten days after the district court denied her motion for reconsideration in open court. The district court entered its written order denying the motion for reconsideration on October 29, 1992. Thus, according to Daly, the Notice of Appeal was filed while the motion for reconsideration was pending, and is…