KENDALL LYNN, Plaintiff, and ROBERT E. THURBON, Appellant,
GATEWAY UNIFIED SCHOOL DISTRICT, Defendant-Appellee
Argued and Submitted, February 12, 2014, San Francisco, California
Appeal from the United States District Court for the Eastern District of California. D.C. No. 2:10-cv-00981-JAM-CMK. John A. Mendez, District Judge, Presiding.
Sanctions / Appellate Jurisdiction
The panel dismissed for lack of jurisdiction an attorney's appeal from an order finding that he committed ethical violations, and disqualifying him from representing the plaintiff in a wrongful termination action.
The panel held that it lacked jurisdiction because the ethical violations were intertwined with the disqualification order, and disqualification is not subject to interlocutory appeal.
Robert E. Thurbon, Thurbon & McHaney, LP, Gold River, California, Appellant in Proper Person.
John P. Kelley, Halkides, Morgan & Kelley, Redding, California, for Defendant-Appellee.
Before: Richard C. Tallman and Johnnie B. Rawlinson, Circuit Judges, and Thomas O. Rice, District Judge.[*]
RAWLINSON, Circuit Judge.
Attorney Robert E. Thurbon (Thurbon) appeals the district court's order finding that he committed ethical violations, and disqualifying him from representing the plaintiff Kendall Lynn (Lynn) in a pending action against Gateway Unified School District (Gateway). Because the ethical violations are intertwined with the disqualification order, and because the United States Supreme Court has held that disqualification is not subject to interlocutory appeal, we dismiss the appeal for lack of jurisdiction.
Lynn is the former Director of Information and Technology for Gateway. He was responsible " for maintaining, operating and ensuring the security of [Gateway's] Information Technology systems including [its] email system." Lynn " reported directly to the ...