Office Depot Inc. v. John Zuccarini , 406 F. App'x 246 ( 2010 )

FILED
NOT FOR PUBLICATION DEC 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OFFICE DEPOT INC., No. 10-16383
Plaintiff - Appellee, D.C. No. 3:06-mc-80356-SI
v.
MEMORANDUM *
JOHN ZUCCARINI, dba County Walk,
Defendant - Appellant,
DS HOLDINGS LLC,
Receiver - Appellee.
Appeal from the United States District Court
for the Northern District of California
Susan Illston, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE and THOMAS, Circuit Judges.
*
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).
John Zuccarini, dba County Walk, appeals pro se the district court’s denial
of his motions: 1) to enjoin appellee DS Holdings, LLC and its receiver from
selling certain domain names to satisfy a judgment against Zuccarini in favor of
appellee Office Depot, Inc.; 2) to order the return to Zuccarini of certain domain
names; and 3) for relief under Federal Rule of Civil Procedure 60(b), challenging
the district court’s underlying order appointing a receiver to auction the domain
names. In a prior appeal, this court affirmed the district court’s order appointing a
receiver to auction the domain names. Office Depot, Inc. v. Zuccarini, 596 F.3d
696, 703 (9th Cir. 2010).
The district court did not abuse its discretion in denying the motion to enjoin
the sale of certain domain names.
We affirm the district court’s denial of Zuccarini’s Rule 60(b) motion and
motion to order the return of certain domain names, for the reasons stated in the
district court’s order dated September 7, 2010.
Appellees’ requests to designate Zuccarini as a vexatious litigant and for
sanctions are denied.
AFFIRMED.
2 10-16383