FILED
NOT FOR PUBLICATION MAY 28 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD A. CANATELLA, No. 12-16086
Plaintiff - Appellant, D.C. No. 3:11-cv-05535-WHA
v.
MEMORANDUM*
KRIEG KELLER SLOAN REILLY &
ROMAN LLP; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
William Alsup, District Judge, Presiding
Argued and Submitted May 15, 2014
San Francisco, California
Before: RIPPLE,*** SILVERMAN, and GOULD, Circuit Judges.
Appellant Richard Canatella seeks review of the district court’s judgment in
favor of defendants following the district court’s dismissal of Canatella’s first
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
***
The Honorable Kenneth F. Ripple, Senior Circuit Judge for the U.S.
Court of Appeals for the Seventh Circuit, sitting by designation.
-2-
amended complaint without leave to amend, as well as the district court’s order
denying Canatella’s motion for relief from judgment.
Defendants have moved to dismiss the appeal as moot because, since the
district court’s judgment was entered, the State Bar has completed and closed the
underlying investigation of Canatella. As a result of the State Bar’s action,
Canatella’s claims against defendants Kim, Blumenthal, and Majid are moot. We
grant their motion to dismiss. Church of Scientology of California v. United
States, 506 U.S. 9, 12, 113 S. Ct. 447, 449, 121 L. Ed. 2d 313 (1992).
Turning to the claims against defendants Krieg, Keller, Sloan, Reilley, &
Roman, LLC, Herman, Krieg, Fields, and Cooper, our review is de novo, and we
affirm because the district court correctly ruled that there is nothing tortious about
making a truthful report to the State Bar of a court order concerning a lawyer.
DISMISSED in part; AFFIRMED in part.