Zamani v. Carnes

491 F.3d 990 Michael A. ZAMANI, an individual; Nancy Miller-Wallace, formerly Nancy Zamani, an individual, Plaintiffs-Appellees, v. H. Gene CARNES; Phillip Carnes; Jennifer Carnes; Kathryn Schaller; Kevin Schaller, individuals, Defendants-Appellants. No. 04-17571. United States Court of Appeals, Ninth Circuit. Argued and Submitted January 10, 2007. Filed June 4, 2007. 1 James R. Hales, Rowe & Hales, Minden, NV, for the appellants. 2 Michael A. Zamani, pro se, San Jose, CA, argued on his own behalf. Timothy E. Herr, Herr & Zapala, San Jose, CA, was on the brief for the appellees. 3 Appeal from the United States District Court for the Northern District of California; Ronald M. Whyte, District Judge, Presiding. D.C. No. CV-03-00852-RMW. 4 Before: PROCTER HUG, JR. and W. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND * , District Judge. 5 HOLLAND, District Judge. 6 Appellants H. Gene Carnes, Phillip Carnes, Jennifer Carnes, Kathryn Schaller, and Kevin Schaller ("the Carneses") appeal the district court's denial of their motion to strike and/ or dismiss and their motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. I. 7 In January…