United States of America, Ex Rel. Max Killingsworth v. Northrop Corporation

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, ex rel. Max KILLINGSWORTH Plaintiff-Appellant, v. NORTHROP CORPORATION, Defendant-Appellee. No. 94-56599. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1995. * Decided Oct. 26, 1995. Before: POOLE and O'SCANNLAIN, Circuit Judges, and MARQUEZ, ** District Judge. MEMORANDUM *** This case is before this court for a second time. Following the first appeal, we remanded this case to the district court for a finding regarding the fairness and reasonableness of the proposed settlement. United States ex rel. Killingsworth v. Northrop Corp., 25 F.3d 715, 723 (9th Cir.1994) ( Killingsworth I ). The government contends that on remand the district court erred by: (1) refusing to consider newly discovered evidence which allegedly undermines the fairness of the proposed settlement; and (2) failing to hold an evidentiary hearing. Whether the district court complied with our remand…