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753 F.2d 770

Docket Nos. 84-2215, 84-2560.

Mickwee v. Hsu

Ninth Circuit Court of Appeals

Decided Feb. 11, 1985.

Ninth Circuit Court of Appeals · decided 1985-02-11

Cited by 17 later decisions — most recently March 1991

12 federal appellate · 1 state decisions

2 counsel of record

Key passage — most relied on by later courts

“[w]hen the trial court has imposed sanctions for failure to comply with discovery and the order is appealed, as a general rule attorney's fees should be awarded where the discovery order is upheld.”

quoted by 1 later decision, including Bhan v. NME Hospitals, Inc.

Relies on Kordich v. Marine Clerks Ass'n · Tamari v. Bache & Co. (Lebanon) S.A.L.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1985-02-11

View the full empirical analysis of this case →

¶1Mattaniah Eytan, Kaplan, Russin, Vec-chi, Eytan & Collins, San Francisco, Cal., for plain tiff-appellee.

¶2Charles W. Craycroft, Mitchell Zimmerman, Fenwick, Stone, Davis & West, Palo Alto, Cal., for defendants-appellants.

¶3Before SNEED, KENNEDY, and BOO-CHEVER, Circuit Judges.

¶4PER CURIAM:

¶5This opinion concerns awards of attorney’s fees for proceedings in this court in cases where a party appeals a district court order of sanctions for failure to comply with discovery rules.

¶6When the trial court has imposed sanctions for failure to comply with discovery and the order is appealed, as a general rule attorney’s fees should be awarded where the discovery order is upheld. Failure to award attorney’s fees in such instances would substantially diminish the value of the award made in the trial court and thus frustrate the purpose of Fed.R.Civ.P. 37. See Tamari v. Bache & Co. (Lebanon) S.A.L., 729 F.2d 469, 475 (7th Cir.1984).

¶7This appeal from the imposition of discovery sanctions must be dismissed for lack of jurisdiction. Kordich v. Marine Clerks Association, 715 F.2d 1392, 1393 (9th Cir.1983) (per curiam). Mickwee will *771be awarded attorney’s fees and costs for the appeal upon submission of appropriate documentation.

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