J2f Productions Inc. v. Jason Sarrow

FILED NOT FOR PUBLICATION NOV 07 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT J2F PRODUCTIONS INC., a California No. 11-55681 corporation, D.C. No. 2:09-cv-07000-JST-FFM Plaintiff-counter-defendant - Appellant, MEMORANDUM * DOUGLAS JACOBSON, an individual, Counter-defendant - Appellant, v. JASON SARROW, an individual, DBA E.E. Morris Presents, DBA ICP Films, Defendant-counter-claimant - Appellee. Appeal from the United States District Court for the Central District of California Josephine Staton Tucker, District Judge, Presiding * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Submitted November 5, 2012 ** Pasadena, California Before: D.W. NELSON and O’SCANNLAIN, Circuit Judges, and GONZALEZ, District Judge.*** J2F Productions, Inc., contends that the district court abused its discretion in refusing to award it attorneys fees as sanctions pursuant to 28 U.S.C. § 1927 or the court’s inherent powers. We disagree. The district court found that Sarrow’s attorneys acted neither recklessly nor in bad faith. The record does not support a conclusion that this was clear error. See Cline v. Indus. Maint. Eng’g & Contracting Co., 200 F.3d 1223, 1236 (9th Cir. 2000). AFFIRMED. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Irma E. Gonzalez, District Judge for the U.S. District Court for Southern California, sitting by designation.