Andre Brooks v. Charlotte Cook Mark L. Mechanic

28 F.3d 105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andre BROOKS, Plaintiff-Appellant, v. Charlotte COOK; Mark L. Mechanic, Defendants-Appellees. No. 92-56232. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1994. Decided May 31, 1994. Before: BRIGHT, * WIGGINS, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** A. Preclusive Effect of the Pretrial Order 2 A pretrial order was filed in this case in November 1986. It stated no motion could be made without express leave of the court, except those motions listed in the pretrial order; a motion for summary judgment was not listed. After the pretrial order was filed, the case was tried twice, appealed twice, and remanded twice. After the second remand, on September 8, 1992, the district court entertained the defendants' motion for summary judgment now on appeal. 3 Brooks argues the district court abused its discretion by entertaining the summary judgment motion because the pretrial order did…