Debra Stefano v. City of Long Beach

Ninth Circuit

Debra Stefano v. City of Long Beach

621 F. App'x 404

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 23, 2015

Docket13-56156

StatusUnpublished

This text of 621 F. App'x 404 (Debra Stefano v. City of Long Beach) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Debra Stefano v. City of Long Beach, 621 F. App'x 404 (9th Cir. 2015).

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Opinion

MEMORANDUM **

Debra Stefano appeals pro se from the district court’s judgment in accordance with the terms of a settlement agreement in her 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a decision to enforce a settlement agreement. Kirkland v. Legion Ins. Co., 343 F.3d 1135, 1140 (9th Cir.2003). We affirm.

The district court did not abuse its discretion in denying Stefano’s motion to set aside the settlement agreement because Stefano failed to establish grounds for invalidating the agreement. See Ahern v. Cent. Pac. Freight Lines, 846 F.2d 47, 48 (9th Cir.1988) (district court’s finding that a party consented to a settlement and intended to be bound by it must be affirmed unless clearly erroneous); see also Cal. Civ.Code § 1569 (elements of duress).

Denial of Stefano’s motion to disqualify her former counsel from continuing to represent the other plaintiffs was proper. See Cohn v. Rosenfeld, 733 F.2d 625, 631 (9th Cir.1984) (this court “will not disturb a district court’s ruling on a motion to disqualify counsel if the record reveals any sound basis for the court’s action” (citation and internal quotation marks omitted)); Paul E. Iacono Structural Eng’r, Inc. v. Humphrey, 722 F.2d 435, 438 (9th Cir.1983) (setting forth standard of review).

We do not consider matters not specifically and distinctly raised and argued in *405 the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per curiam).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R, 36-3.

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MEMORANDUM **

Debra Stefano appeals pro se from the district court’s judgment in accordance with the terms of a settlement agreement in her 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a decision to enforce a settlement agreement. Kirkland v. Legion Ins. Co., 343 F.3d 1135, 1140 (9th Cir.2003). We affirm.

The district court did not abuse its discretion in denying Stefano’s motion to set aside the settlement agreement because Stefano failed to establish grounds for invalidating the agreement. See Ahern v. Cent. Pac. Freight Lines, 846 F.2d 47, 48 (9th Cir.1988) (district court’s finding that a party consented to a settlement and intended to be bound by it must be affirmed unless clearly erroneous); see also Cal. Civ.Code § 1569 (elements of duress).

Denial of Stefano’s motion to disqualify her former counsel from continuing to represent the other plaintiffs was proper. See Cohn v. Rosenfeld, 733 F.2d 625, 631 (9th Cir.1984) (this court “will not disturb a district court’s ruling on a motion to disqualify counsel if the record reveals any sound basis for the court’s action” (citation and internal quotation marks omitted)); Paul E. Iacono Structural Eng’r, Inc. v. Humphrey, 722 F.2d 435, 438 (9th Cir.1983) (setting forth standard of review).

We do not consider matters not specifically and distinctly raised and argued in *405 the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per curiam).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R, 36-3.

Gary Kirkland David B. Andersen Bradley D. Eagleston Diana Johnston Michael McCoy Claire Collins Joan B. Stanford Richard Oare James E. Sullivan v. Legion Insurance Company, a Pennsylvania Corporation, Gary Kirkland David B. Andersen Bradley D. Eagleston Diana Johnston Michael McCoy Claire Collins Joan B. Stanford Richard Oare James E. Sullivan v. Legion Insurance Company, a Pennsylvania Corporation

343 F.3d 1135 (Ninth Circuit, 2003)

Padgett v. Wright

587 F.3d 983 (Ninth Circuit, 2009)

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621 F. App'x 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/debra-stefano-v-city-of-long-beach-ca9-2015.

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