Pray

Pray v. M/Y No Bad Days

Good Law
303 F. App'x 563
United States Court of Appeals for the Ninth CircuitDecember 17, 2008No. 07-56519California461 words

Opinion

lead Opinion

MEMORANDUM **

Upon the magistrate judge’s recommendation, the district court imposed terminating sanctions on Defendant Raymond Soderberg under its inherent powers and monetary sanctions on Soderberg’s counsel under 28 U.S.C. § 1927 . Soderberg and his counsel appeal. We review these sanctions for abuse of discretion, see Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288 , 291 (9th Cir.1995), and we affirm.

First, the magistrate judge gave Soderberg sufficient opportunity to contest the arrest of his boat. After holding a hearing and receiving supplemental briefing, the magistrate judge entertained Soderberg’s request for yet another hearing, requiring Soderberg to, among other things, file exhibit and witness lists. However, Soderberg failed to meet these preconditions, and the magistrate judge concluded that Plaintiff Henry Michaels established a prima facie case that he held a valid lien on Soderberg’s boat.

Second, the district court did not abuse its discretion in using its inherent powers to impose terminating sanctions on Soderberg. Willful disobedience of a court order may justify terminating sanctions. See Stars’ Desert Inn Hotel & Country Club,…

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