Summary
applying judicial estoppel where the debtor failed to disclose her claims in bankruptcy court, obtained a discharge based on the failure to disclose, and later moved to reopen her bankruptcy proceedings
Summary of this case from Ah Quin v. County of Kauai Department of TransportationOpinion
Nos. 07-35443, 07-35495.
Argued and Withdrawn from Submission November 20, 2008.
Resubmitted and Filed February 20, 2009.
Karen Kathryn Koehler, Esquire, Stritmatter Kessler Whelan Withey Coluccio, Seattle, WA, Fred H. Shepherd, Esquire, Arnold Anderson Vickery, Esquire, Paul F. Waldner, Esquire, Vickery Waldner Mallia, LLP, Houston, TX, for Plaintiffs-Appellants.
John R. Ipsaro, Esquire, Jeffrey R. Schaefer, Esquire, Mary Lynn Tate, Esquire, Joseph Thomas, Esquire, Ulmer Berne, Cincinnati, OH, Jeffrey Royal Johnson, Carin A. Marney, Esquire, Williams Kastner Gibbs, PLLC, Seattle, WA, for Defendants-Appellees.
Appeal from the United States District Court for the Western District of Washington, Ricardo S. Martinez, District Judge, Presiding. D.C. No. CV-03-03654-RSM.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Y'vonne A'Rae Laisure-Radke appeals the district court's order granting Pharmaceutical Resources, Inc.'s, and Dr. Reddy's Laboratories, Inc.'s (collectively "Defendants") motion to dismiss. The district court held that judicial estoppel barred Laisure-Radke from asserting her claims against Defendants. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. We review the district court's application of judicial estoppel for an abuse of discretion. Hamilton v. State Farm Fire Cos. Co., 270 F.3d 778, 782 (9th Cir. 2001). We affirm.
Because Laisure-Radke failed to disclose the existence of her claims against Defendants in her bankruptcy petition and obtained a discharge of her debts based on this failure to disclose, the district court did not abuse its discretion when it concluded that judicial estoppel barred Lai-sure-Radke's claims. See id. at 784-85. That Laisure-Radke later moved to reopen her bankruptcy proceedings does not excuse her earlier failure to disclose; judicial estoppel ensures that debtors make a "full and honest disclosure" of their assets in the original bankruptcy proceeding. See id. at 785 (internal quotation omitted).
Because we affirm the district court's dismissal of Laisure-Radke's claims, we do not reach the issues raised in Defendants' cross-appeal.