Mar Com, Inc. v. F/V Hickory Wind

MEMORANDUM **

Appellant F/V Hickory Wind (Hickory Wind) challenged the district court’s ruling that Hickory Wind was not prejudiced by Appellee Mar Com, Inc.’s (Mar Com) discovery violations. In a prior appeal, we vacated the district court’s ruling on the discovery sanctions and, in a memorandum disposition, remanded the case to the district court to perform the requisite analy *649 sis pursuant to Fed.R.Civ.P. 37(c)(1). See Mar Com Inc. v. F/V HICKORY WIND, 120 Fed.Appx. 74 (9th Cir.2005).

On remand, the district court found that Mar Com did not commit any discovery violations, which was contrary to its own prior decision. See id. at 75 . The district court’s failure to adhere to the law of the case constituted error. See Moore v. Jas. H. Matthews & Co., 682 F.2d 830, 834 (9th Cir.1982). However, because the district court’s error did not affect its analysis of the remanded issue, no reversal is necessary. See United States v. Jiminez-Lopez, 437 F.2d 791, 794-95 (9th Cir.1971) (holding that the district court disregarded the law of the case, but concluding that the error was harmless).

The district court properly determined, pursuant to Fed.R.Civ.P. 37(c)(1), that Hickory…