Mark Industries, Limited v. Sea Captain's Choice, Inc.

50 F.3d 730 31 Fed.R.Serv.3d 823 MARK INDUSTRIES, LIMITED, a Washington corporation, Plaintiff-Appellee, v. SEA CAPTAIN'S CHOICE, INC., an Alaska corporation, et al., Defendants, Gregory L. Bertram, Esq., and Gregory L. Bertram & Associates, Appellant. Nos. 93-35028, 93-35173. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1994. Decided March 21, 1995. John T. Dalton, Merrick, Hofstedt & Lindsey, Seattle, WA, for appellant. No appearance, for plaintiff-appellee. Appeals from the United States District Court for the Western District of Washington. Before: POOLE, BRUNETTI and KLEINFELD, Circuit Judges. POOLE, Circuit Judge: 1 Gregory L. Bertram, Esq. (Bertram), appeals the district court's orders imposing Rule 11 and inherent power sanctions for entering into and filing a stipulated order of dismissal without the consent of his client, Mark Industries, Ltd. (Mark Industries). We affirm on the basis that the district court had inherent powers to sanction Bertram for his conduct, but vacate and remand regarding the amount of the sanction. I. FACTUAL AND PROCEDURAL BACKGROUND 2 On July 27, 1990, Bertram filed a civil complaint against Sea Captain's…