Weissman

Weissman v. Quail Lodge Inc.

Good Law
179 F.3d 1194·99 Daily Journal DAR 5826·1999 WL 374076·1999 U.S. App. LEXIS 11896·99 Cal. Daily Op. Serv. 4540
United States Court of Appeals for the Ninth CircuitJune 10, 1999No. 98-15131California2,648 words

Opinion

Lead Opinion

Tashima, J.

Lawrence W. Schonbrun, an attorney, appeals the district court’s order (“Order”) entered in this case that restricts his right to file objections to proposed Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), class action settlements in all future cases filed in the Northern District of California. Schonbrun also contends that the Order disparaged his professional conduct. We have jurisdiction of this appeal of a post-judgment order under 28 U.S.C. § 1291 , and we reverse and remand. Whether viewed as a sanction or as an attorney discipline order, the district court abused its discretion in entering the Order without giving Schonbrun notice and an opportunity to be heard prior to imposing the restrictions on his right to practice law. We conclude, however, that the district court’s allegedly disparaging comments in the Order did not themselves constitute sanctions against Schonbrun and, therefore, decline to review that portion of the Order.

I.

■ Schonbrun filed a notice of objection to a proposed ADA class action settlement agreement on behalf of his client and purported class member, William Winocur. The objections concerned the negotiated amount of attorney’s…

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