Olson
Olson v. Bade
Opinion
Lead Opinion
*869 MEMORANDUM *
Defendant David Keith Olson (“Olson”) appeals the Bankruptcy Appellate Panel (“BAP”) decision reversing the bankruptcy court’s discovery sanction excluding all Plaintiffs’ exhibits, expert testimony, and evidence of damages, and dismissing Plaintiffs’ adversary proceeding. We have jurisdiction and we affirm.
The district court’s imposition of discovery sanctions under Rule 37 is reviewed for abuse of discretion. Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir. 1997). Factual findings underlying discovery rulings are reviewed for clear error. Id. BAP decisions are reviewed de novo. In re Cool Fuel, Inc., 210 F.3d 999, 1001 (9th Cir.2000). As the parties are familiar with the facts, we do not recite them here.
The bankruptcy court properly determined that Plaintiffs’ damages calculation and expert report were too disorganized, incomplete and confusing to satisfy the disclosure requirements of Rule 26 of the Federal Rules of Civil Procedure. Because of the ambiguous and disputed statements of the parties, as well as the fact that Olson proceeded without legal representation during the discovery period, we conclude that the bankruptcy court did not abuse its…