Operating Engineers Health & Welfare Fund v. Arthur Straus Dawna Straus

87 F.3d 1321 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. OPERATING ENGINEERS HEALTH & WELFARE FUND, Plaintiff-Appellee, v. Arthur STRAUS; Dawna Straus, Defendants-Appellants. No. 95-55785. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 18, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 In this action brought pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 , Arthur and Dawna Straus appeal pro se from two district court orders and a judgment in favor of Operating Engineers Health and Welfare Fund (Fund). On December 15, 1994, the district court denied the Straus's motions for sanctions and dismissal of the complaint. On May 4, 1995, the district court granted the Fund's motions for summary judgment and attorneys' fees. The district court exercised jurisdiction pursuant to 29 U.S.C. § 1132 (e). We have jurisdiction over this timely appeal…