Shea

MEMORANDUM ***

ATS Products, Inc. appeals the orders of the district court in favor of Spunstrand, Inc., which imposed fees and costs upon ATS. See Fed.R.Civ.P. 45(c)(1). We affirm.

(1) At the threshold, Spunstrand claims that we lack jurisdiction because the notice of appeal was not filed by ATS at the proper time. We disagree. We need not explore the timing niceties arising out of the first notice of appeal, which was filed after a conditional dismissal without prejudice pursuant to Fed.R.Civ.P. 41(a)(1), because the second notice (styled amended), which was filed after a dismissal with prejudice, was surely timely and proper. See Intel Corp. v. Terabyte Int'l, Inc., 6 F.3d 614 , 617 — 18 (9th Cir.1993). Moreover, the fact that a brief was filed before the second notice neither affects our jurisdiction nor results in unfairness to Spunstrand, which had ample time to respond, and did.

(2) ATS asserts that the district court errred when it imposed fees and costs in favor of Spunstrand on the basis that ATS had unreasonably issued an unduly burdensome subpoena. See Fed.R.Civ.P. 45(c)(1). We disagree with ATS.

Simply put, the district court did not abuse its discretion when it…