Security Life Insurance v. Duncanson & Holt, Inc.

Good Law
11 F. App'x 926
United States Court of Appeals for the Ninth CircuitMay 23, 2001No. 99-56811; D.C. No. CV-99-08726-HLHCalifornia442 words

Opinion

Lead Opinion

MEMORANDUM **

Transamerica appeals the district court’s order imposing sanctions for its failure to comply with a subpoena for documents and testimony of a corporate witness. A district court’s civil contempt order is reviewed for abuse of discretion, as is a decision to impose sanctions or punishment for contempt. Reebok Int’l Ltd. v. McLaughlin, 49 F.3d 1387 , 1390 (9th Cir. 1995).

Transamerica argues that the district court abused its discretion because it held Transamerica in contempt for refusing to comply with an erroneous order and invalid subpoena. We may not, however, review the legal or factual basis of the underlying subpoena, or the arbitration or discovery process in district court in Minnesota. United States v. Ayres, 166 F.3d 991, 995 (9th Cir.1999) (“‘The only *927 issue open to [the contemnor] in defending the contempt proceeding [is] to show inability to then produce’ ” the documents sought in the summons) (quoting United States v. Rylander, 460 U.S. 752, 756-57 , 103 S.Ct. 1548 , 75 L.Ed.2d 521 (1983)).

Given the timing and substance of Transamerica’s purported objections lodged via letter, we conclude that the district court did not abuse its discretion in…

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