Con-Way Freight Inc. v. United States District Court

720 F.3d 1136, 2013 WL 3215251, 2013 U.S. App. LEXIS 13221

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 27, 2013
• Docket: 13-71160
• Status: Published

Opinion

ORDER

The court has considered the “amicus curiae” letter submitted in support of this petition for writ of mandamus by Downtown LA Motors LP.

The motion of American Trucking Associations, Inc. and California Trucking Association for leave to file a brief amici curiae is granted. The Clerk shall amend the docket to reflect this status and shall file the amicus brief submitted on April 9, 2013.

Petitioner’s request for judicial notice is granted.

Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. United States Dist. Court, 557 F.2d 650 (9th Cir.1977). Indeed, we find the petition to be frivolous and wholly without merit. Accordingly, the petition is denied. •

Within 21 days after the date of this order, counsel Barrett Green, Richard H. Rahm, and Angela J. Rafoth of Littler Mendelson P.C. shall show cause in writing why monetary sanctions should not be imposed against counsel individually for filing a frivolous petition for writ of mandamus. See 9th Cir. R. 46-2(d), (I); 9th Cir. Gen. Ord. 12.9(a); see also 9th Cir. R. 46-2 advisory committee’s note (8) (court may impose monetary sanctions under inherent powers of the court); Chambers v. NASCO, Inc., 501 U.S. 32, 45-51, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991).

Counsel’s failure to file a timely response will result in the imposition of sanctions without further notice.

Counsel’s response to the order to show cause is referred to the Appellate Commissioner, who shall conduct whatever proceedings he deems appropriate and shall have authority to enter an order, including an order imposing monetary sanctions.

DENIED.