Jerome Berg Esq., and John Phillip Smith v. Williams B. Ricks Michael R. Nagel, Md Jack Siegel, Md Thomas E. Murphy Md

98 F.3d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerome BERG Esq., Appellant, and John Phillip SMITH, Plaintiff, v. Williams B. RICKS; Michael R. Nagel, MD; Jack Siegel, MD; Thomas E. Murphy MD, et al., Defendants-Appellees. No. 95-16167. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1996. * Decided Oct. 11, 1996. Before: GOODWIN, WALLACE and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 After being terminated from the cardiology staff at Good Samaritan Hospital, Dr. John Smith filed a complaint in federal district court for antitrust conspiracy. The district court granted summary judgment to the hospital. The district court also imposed $2,000 in Rule 11 sanctions against Smith's attorney, Jerome Berg, for misconduct including failing to read the papers he filed with the court. 3 Smith appealed and the hospital asked for fees and costs under 42 U.S.C. § 11113 claiming the appeal was frivolous. The Ninth Circuit affirmed the district court.…