Health Data Sciences Corp. Ralph A. Korpman, M.D., Plaintiffs-Counter-Defendants-Appellees v. Robert Servian, Defendant-Counter-Claimant-Appellant

78 F.3d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HEALTH DATA SCIENCES CORP.; Ralph A. Korpman, M.D., Plaintiffs-Counter-Defendants-Appellees, v. Robert SERVIAN, Defendant-Counter-Claimant-Appellant. Nos. 94-56221, 95-55355. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1996. Decided March 7, 1996. Order Amending Memorandum and Denying Rehearing May 14, 1996. 1 Before: WALLACE and T.G. NELSON, Circuit Judges, and BROWNING, * District Judge. MEMORANDUM 2 Servian appeals from two district court judgments. The first dismissed Servian's counterclaims against Health Data Sciences Corporation (HDS) pursuant to Federal Rule of Civil Procedure 37(b)(2). The second awarded HDS attorney's fees it incurred defending against Servian's counterclaims. The district court had jurisdiction to enter both judgments pursuant to 28 U.S.C. § 1332 . We have jurisdiction over these timely appeals pursuant to 28 U.S.C. § 1291 , and we affirm. 3…