Glassman

Glassman v. Raytheon Non-Bargaining Retirement Plan

Good Law
259 F. App'x 932
United States Court of Appeals for the Ninth CircuitDecember 13, 2007No. 05-56896California320 words

Opinion

Lead Opinion

MEMORANDUM **

Mary Glassman (“Glassman”) appeals the merits and procedural dismissal of her amended complaint, raising numerous challenges to the California state courts’ calculation of her ERISA benefits. Glass-man also appeals the district court’s award of attorneys’ fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Glassman’s contention that she timely filed her opposing papers lacks merit. She filed her opposing papers four days late, C.D. Cal. R. 7-9, and the district court did not abuse its discretion in dismissing her complaint for failure to comply with a local rule. See C.D. Cal. R. 7-12; Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir.1995).

Nor did the district court abuse its discretion in granting Raytheon attorneys’ fees under its inherent power rather than Rule 11. See Roadway Express v. Piper, 447 U.S. 752, 764-67 , 100 S.Ct. 2455 , 65 L.Ed.2d 488 (1980). We affirm the district court’s specific finding that Glassman engaged in “vexatious litigation” by filing her complaint and maintaining her lawsuit, which justifies the imposition of sanctions. See Fink v. Gomez, 239 F.3d 989, 992, 994 (9th Cir.2001). Because Rule 11(c)(2)(A) explicitly…

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