Iqbal Husain v. Amjad Khan , 460 F. App'x 647 ( 2011 )

FILED
NOT FOR PUBLICATION NOV 30 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
IQBAL HUSAIN, No. 10-17171
Plaintiff-counter-defendant- No. 5:06-cv-07081-JF (HRL)
Appellee,
v. MEMORANDUM*
AMJAD KHAN,
Defendant-counter-claimant-
Appellant.
Appeal from the United States District Court
for the Northern District of California
Jeremy Fogel, District Judge, Presiding
Submitted November 16, 2011**
San Francisco, California
Before: NOONAN and BEA, Circuit Judges, and WALTER, District Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Donald E. Walter, Senior District Judge for the U.S.
District Court for Western Louisiana, sitting by designation.
Amjad Khan appeals the district court’s judgment for defendant Iqbal
Husain following a bench trial regarding Husain’s claim for breach of contract
arising from a settlement agreement entered into by the parties following a failed
telecommunications joint venture. Because the parties are familiar with the facts,
we need not repeat them here.
Following a bench trial, we review the district court’s findings of fact for
clear error and conclusions of law de novo. Navajo Nation v. U.S. Forest Service,
535 F.3d 1058, 1067 (9th Cir. 2008) (en banc).
The district court’s factual findings regarding the amount of damages
awarded to Husain are not clearly erroneous. The evidence and the testimony
presented during the bench trial are sufficient to establish that the contested
expenses were incurred on behalf of the joint venture. The district court properly
determined that Husain’s testimony and computerized expense reports supplied by
Husain provided sufficient evidence to document his expenses. See U-Haul
International, Inc. v. Lumbermens Mutual Casualty Co., 576 F.3d 1040, 1044-45
(9th Cir. 2009).
AFFIRMED.
2