United States Ninth Circuit

In a suit to recover on an indemnity agreement, summary judgment for plaintiff is affirmed where: 1) the defendant was validly served under the Federal Rules of Civil Procedure; 2) defendant was not prejudiced by not having been allowed to initially file a Rule 12(b)(2) motion; and 3) the district court correctly awarded damages.

Appellate Information

• Decided 01/09/2009
• Published 01/09/2009

Judges

• WU, District Judge:, Before:  A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and GEORGE H. WU, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kim D. Stephens, Seattle, WA, for the defendant-appellant., Jan D. Sokol and Tyler J. Storti, Portland, OR, for the plaintiff-appellee.