United States Ninth Circuit

In an action alleging federal securities fraud, dismissal of the complaint for failure to state a claim upon which relief could be granted is affirmed, but an order imposing monetary sanctions against plaintiffs and their attorney is reversed as they were not given proper notice and opportunity to respond to the grounds for which sanctions were issued.

Appellate Information

• Argued 06/07/2007
• Decided 10/05/2007
• Published 10/05/2007

Judges

• FRIEDMAN, Circuit Judge:, Before:  DANIEL M. FRIEDMAN,ALEX KOZINSKI, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William A. Delgado and Jason H. Wilson, Willenken Wilson Loh & Lieb LLP, Los Angeles, CA, for appellants Scott Foster, Neil Tremblay, and Glenn Foley in Case No. 05-56424., Shaun P. Martin, University of San Diego Law School, San Diego, CA, for appellants Scott Foster, Neil Tremblay, and Glenn Foley and Willenken Wilson Loh & Lieb LLP in Case No. 05-56743.


• For Appellees:
  
• Rick Augustini, Law Office of Rick Augustini, Irvine, CA, for appellee Peter Wilson in both cases.