NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 27 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
ABRAM RODRIGUEZ, No. 09-56915
Plaintiff - Appellee, D.C. No. 3:08-cv-00433-H-BLM
v.
MEMORANDUM*
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION LOCAL 29 and
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION,
Defendants - Appellants.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Argued and Submitted June 6, 2011
Pasadena, California
Before: B. FLETCHER and N.R. SMITH, Circuit Judges, and GWIN, District
Judge.**
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable James S. Gwin, District Judge for the U.S. District Court for
Northern Ohio, Cleveland, sitting by designation.
International Longshore and Warehouse Union and its Local Chapter 29
(collectively “Appellants”) appeal the district court’s denial of sanctions against
Abram Rodriguez and his counsel Derek Anderson. Appellants moved for
sanctions pursuant to 28 U.S.C. § 1927 and the court’s inherent power, after the
district court granted them summary judgment on Rodriguez’s underlying claim
that Appellants violated Rodriguez’s rights under the Labor-Management
Reporting and Disclosure Act (LMRDA). Appellants claimed Anderson
improperly filed a separate lawsuit against Appellants’ counsel, threatened
Appellants’ with criminal liability, and used a lawsuit by Rodriguez’s brother to
leverage settlement. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we
AFFIRM.
The district court’s three page order, denying the motion for sanctions under
both theories, acknowledged the Appellants arguments and cited controlling case
law. The district court did not abuse its discretion when it did not find subjective
bad faith on the part of the plaintiffs, did not make illogical, implausible, or
unsupported findings, and denied Appellants’ motion for sanctions. Air
Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir.
1995).
AFFIRMED.