Entertainment By J & J, Inc. v. Lee

MEMORANDUM ***

Ruth Elin Auerbach, attorney for Entertainment by J & J, appeals the district court’s sanctions against her. She argues that the district court erred both by accepting Sukie Lee’s untimely motion for sanctions and by finding her conduct sanctionable. Because the parties are familiar with the facts, we recount them here only as necessary to explain our decision.

We review the district court’s application of its local rules for abuse of discretion. Professional Programs Group v. Dep’t of Commerce, 29 F.3d 1349 , 1353 (9th Cir.1994). Local Rule 7-8(d) states that unless the district court orders otherwise, motions for sanctions must be filed within fourteen days of the entry of judgment. However, a district court’s acceptance of a late motion can be considered to be the court’s exercise of its own discretion. Lance v. Dewco Services, Inc., 422 F.2d 778, 783-84 (9th Cir.1970). The district court did not abuse its discretion in hearing Lee’s otherwise untimely motion, because it noted that Lee could not have prepared the motion on time given newly-discovered evidence of misconduct.

We also review the grant and extent of sanctions awarded under 28 U.S.C. § 1927 for…