DocketNumber: 09-15271
Citation Numbers: 362 F. App'x 863
Filed Date: 1/22/2010
Status: Non-Precedential
Modified Date: 1/13/2023
FILED NOT FOR PUBLICATION JAN 22 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT In the Matter of: BETSEY WARREN No. 09-15271 LEBBOS. D.C. No. 2:08-cv-00912-FCD BETSEY WARREN LEBBOS; et al., MEMORANDUM * Appellants, v. LINDA SCHUETTE, Appellee. Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Jr., District Judge, Presiding Submitted January 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, 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). LS/Research Betsey Warren Lebbos, Thomas Carter, and Jason Gold appeal pro se from the district court’s order affirming the bankruptcy court’s default judgment against them as a sanction for their discovery abuses in an adversary action. We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review independently the bankruptcy court’s decision, Leichty v. Neary (In re Strand),375 F.3d 854
, 857 (9th Cir. 2004), and we affirm. The bankruptcy court did not abuse its discretion by imposing terminating sanctions because appellants engaged in discovery abuses that “threaten[ed] to interfere with the rightful decision of the case.” Valley Eng’rs Inc. v. Elec. Eng’g Co.,158 F.3d 1051
, 1057 (9th Cir. 1998) (explaining factors courts should consider before imposing terminating sanctions) (citation omitted); Visioneering Constr. & Dev. Co. v. U.S. Fid. & Guar. (In re Visioneering Constr.),661 F.2d 119
, 123 (9th Cir. 1981) (reviewing for an abuse of discretion the imposition of terminating sanctions by a bankruptcy court). Appellants’ remaining contentions are unavailing. Lebbos’s request for judicial notice is granted. George Alonso’s request for judicial notice is denied. AFFIRMED. LS/Research 2