Byron Gizoni v. Southwest Marine Incorporated

56 F.3d 71 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Byron GIZONI, Plaintiff-Appellant, v. SOUTHWEST MARINE INCORPORATED, Defendant-Appellee. No. 94-55276. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 3, 1995. Decided June 2, 1995. 1 Appeal from the United States District Court for the Southern District of California, No. CV-87-01424-GT; Gordon Thompson, Jr., District Judge, Presiding. 2 S.D.Cal. 3 REVERSED. 4 Before: CANBY and LEAVY, Circuit Judges, and PRICE, * District Judge. 5 MEMORANDUM ** 6 Byron Gizoni appeals the district court's grant of Southwest's request for Rule 11 sanctions against Gizoni and his attorney Preston Easley. We review the district court's award of sanctions for an abuse of discretion, Roundtree v. United States, 40 F.3d 1036, 1038 (9th Cir. 1994), and reverse. 7 The misstatement in Gizoni's original declaration had nothing to do with our decision in the prior appeal or the Supreme Court's decision. See Gizoni v.…