Gyler

Gyler v. Hampton

Good Law
234 F. App'x 693
United States Court of Appeals for the Ninth CircuitJune 19, 2007No. 06-15048California553 words

Opinion

Lead Opinion

MEMORANDUM *

Gary Victor Dubin appeals from the district court’s order sanctioning him in the amount of $3,984.35 for disseminating and making virtually no effort to retrieve the confidential materials of his former clients, Howard Gyler and Paula MeCauley-Gyler. We review for an abuse of discretion the district court’s entry of sanctions. Pac. Harbor Capital, Inc. v. Carnival Air Lines, Inc., 210 F.3d 1112, 1117 (9th Cir. 2000). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. The record belies Dubin’s claim that the district court abused its discretion by not affording Dubin the requisite procedural due process. *694 The district court gave Dubin the opportunity to timely file a responding brief to the Gylers’ request for sanctions, but he did not do so. Though the opportunity for briefing alone fully satisfies due process requirements, see Pac. Harbor Capital, Inc., 210 F.3d at 1118 , the district court also provided Dubin two opportunities to justify his conduct at oral argument, and offered to conduct an evidentiary hearing, which Dubin declined on the record. The court then offered to reduce the amount of the sanctions depending on Dubin’s efforts to retrieve…

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