Northern Plains Resource Council v. WBI Holdings

185 F. App'x 679

Opinion

MEMORANDUM **

Northern Plains Resource Council appeals the district court’s imposition, under its inherent powers, of sanctions in the amount of $2,209.50. We vacate the order imposing sanctions.

The district court failed to make a specific finding that Northern Plains acted in bad faith in failing to comply completely with the terms of two protective orders. A specific finding of bad faith is required to support a court’s imposition of sanctions pursuant to its inherent powers. See Roadway Express, Inc. v. Piper, 447 U.S. 752, 767, 100 S.Ct. 2455, 65 L.Ed.2d 488 (1980); United States v. Stoneberger, 805 F.2d 1391, 1393 (9th Cir.1986). Further, there is no evidence in the record that Northern Plains acted in bad faith; “bad faith” requires that the conduct be willful or reckless with an improper motive. See Fink v. Gomez, 239 F.3d 989, 993-94 (9th Cir .2001).

Accordingly, the order imposing sanctions is VACATED.

Footnotes

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.