Glasser v. Blixseth (In re Yellowstone Mountain Club, LLC)

Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 4 months ago

Citation:

No. 14-35159 (October 9, 2014) (not for publication)

Tag(s):

Ruling:

The Ninth Circuit affirmed imposition of civil contempt sanctions for selling property in violation of a court injunction, and dismissed as moot the appeal of the bankruptcy court’s denial of a motion to vacate the injunction.

Procedural context:

Appellant Blixseth appealed to the Ninth Circuit from the district court’s order dismissing as moot their appeal from the bankruptcy court’s denial of their motion to vacate a preliminary injunction. Blixseth also appealed the district court’s order finding him in civil contempt, arguing that the contempt sanctions were punitive, not remedial, and therefore improper.

Facts:

Appellant Blixseth sold property in violation of a court injunction. The district court’s contempt order provided for, among other things, striking Blixseth’s answer and finding Blixseth liable for the greater of $13,820,139.84 or the value of the "Tamarindo property" sold in violation of the injunction. The district court also required Blixseth to post a bond equal to the greater of the value of the property or $13,820,139.84.

Judge(s):

KOZINSKI, Chief Judge, and PAEZ and BERZON, Circuit Judges.

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