LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL UNION NO 783 v. << (2018)

MEMORANDUM ***

Mammoth Pacific LP and Holland & Hart LLP appeal the district court’s decision imposing sanctions in the amount of $1,500. We have jurisdiction under 28 U.S.C. § 1291.

To the extent the district court based its decision to sanction defendants on the grounds that their filings were frivolous and violated the court’s warning not to use footnotes to avoid page limits, the district court did not abuse its discretion. See Zambrano v. City of Tustin, 885 F.2d 1473, 1477, 1484 (9th Cir. 1989). But to the extent the district court based its decision on the ground that the defendants’ filings exceeded the page limits set by the Pretrial Scheduling Order, it was clearly erroneous. The court failed to recognize that it had set different page limits in its subsequent October 4, 2016 order (30 pages for dispositive motions and responses, 15 for replies), which were not violated by the defendants’ 29–page summary judgment motion, and 30–page response. (The 19–page reply brief did exceed the page limit set by the October 4th order.) Because the district court clearly erred in disregarding its October 4th order, we vacate and remand for a determination of whether sanctions are appropriate in light of the correct page limits. Each party will bear its own costs on appeal.

VACATED AND REMANDED.