David D. Bennett v. Gen-Probe, Inc. Thomas H. Bologna, and Law Firm of Jones, Waldo, Holbrook & McDonough

87 F.3d 1317 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David D. BENNETT, et al., Plaintiffs-Appellants, v. GEN-PROBE, INC.; Thomas H. Bologna, et al, Defendants, and Law Firm of Jones, Waldo, Holbrook & McDonough, Appellee. No. 95-55306. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1996. Decided June 14, 1996. 1 Before: SCHROEDER, LEAVY, Circuit Judges and TRIMBLE * District Court Judge. 2 MEMORANDUM ** 3 Plaintiff-appellant, David D. Bennett is a former named plaintiff in Bennett v. Bologna, a securities fraud class action that was settled after Bennett opted out. Bennett appeals the district court's issuance of a permanent bar order obtained by counsel for the plaintiff class. 4 The class counsel who obtained the bar order argue initially on appeal that this court lacks jurisdiction to review the bar order because Bennett did not file a timely notice of appeal. Browder v. Director, 434 U.S. 257, 264 (1978) (timely notice of…