Irwin
Irwin v. Mascott
Opinion
Lead Opinion
MEMORANDUM ***
Murphy, Pearson, Bradley & Feeney, Mark E. Ellis, and June D. Feeney (“MPB & F”), attorneys for defendants, appeal from the district court’s order denying their motion to withdraw as counsel of record. We have jurisdiction to review this post-judgment order pursuant to 28 U.S.C. § 1291 . See United States v. One 1986 Ford Pickup, 56 F.3d 1181, 1184-85 (9th Cir.1995) (per curiam). We review for abuse of discretion, LaGrand v. Stewart, 133 F.3d 1253, 1269 (9th Cir.1998), and we affirm.
In 2000 plaintiffs prevailed in their class action under the Fair Debt Collection Practices Act. In 2002, the district court ordered that defendants were in contempt and liable for monetary sanctions. At that time and during the appeal of that order to this court, defendants did not raise the issue of a potential or actual conflict between their interests and the interests of Robert Hyde, a non-party also held in contempt for violating the injunction. See, e.g., Irwin, 370 F.3d at 930 (“There is no assertion that Hyde’s interests diverged from that of the named defendants.”). MPB & F filed its motion to withdraw in November 2004, five months after this court affirmed the district…