Phillips

Phillips v. Hanford Litigation

Good Law
87 F. App'x 672
United States Court of Appeals for the Ninth CircuitFebruary 11, 2004No. 02-35875; D.C. No. CV-91-03015-AAMCalifornia613 words

Opinion

Lead Opinion

MEMORANDUM **

Nancy Oreskovich appeals the district court’s denial of her motion to vacate its prior order disqualifying her as counsel in the In re Hanford litigation. 1 She was disqualified based upon eleven allegations and over 150 factual findings of misconduct adopted from an independent magistrate’s report and recommendation. The report and order were referred to the Washington State Bar Association (WSBA) for investigation.

On October 18, 2001, the WSBA dismissed all allegations against Oreskovich, which she claims constitutes a “reason justifying relief from” the disqualification order. Fed.R.Civ.P. 60(b)(6). The allegations were dismissed, but the WSBA did note that the evidence showed “a sloppy approach to answering interrogatories that allows the possibility of false or misleading answers,” and that “Ms. Oreskovich admitted, and the hearing officer found, that she knew she billed personal and other client costs to the Hanford account.” This hardly constitutes a ringing endorsement of her conduct. Over nine months after the WSBA decision, Oreskovich filed a motion in the district court to vacate the disqualification order, which the district court denied both for…

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