Case Type:
Case Status:
Affirmed in part and Reversed in part
No. 17-55655 (9th Circuit, May 01,2018) Published
Once the Court finds that an appeal is frivolous, the prevailing party must file a motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C. § 1927 within the time limits for filing a request for attorney's fees under Ninth Circuit Rule 39-1.6(a). This time limit ordinarily is 14 days after the expiration of the period within which a petition for rehearing may be filed, or 14 days after the court of appeals disposes of a petition for rehearing.
Procedural context:
The appellant, a long-time litigant who apparently continues to be unhappy with an order that a bankruptcy court entered in 1984, appealed post-judgment orders that denied the appellant's post-judgment motions, including a motion to void the judgment and a motion for disqualification of the judge.
The appellant, Shmuel Erde, would not give up on his efforts to alter or amend a bankruptcy court entered on October 2, 1984, dismissing a Chapter 11 bankruptcy case (yes, you read right -- 1984). Nearly 3o years later, Erde filed an action in the United States District Court for the Central District of California. Erde lost, and appealed the district court's orders denying Erde's post-judgment motions, including motions to void the judgment and for declaratory relief. On appeal, Erde lost again, and thus is subject to sanctions for pursuing a meritless appeal.
Kim McLane Wardlaw, Ronald M. Gould, and Paul J. Watford

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