Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lynn v. Gateway Unified Sch. Dist.

United States Court of Appeals, Ninth Circuit

November 6, 2014

KENDALL LYNN, Plaintiff, and ROBERT E. THURBON, Appellant,
v.
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.

SUMMARY[**]

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.[*]

OPINION

Page 1136

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.

I. BACKGROUND

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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.