observing that, "[i]f the court has acted sua sponte, the prevailing party should be notified that it may, but need not, participate in the proceedings to determine whether sanctions should be imposed"
Summary of this case from Reynolds v. Ala. Dep't of Transp.No. 85-2732.
November 23, 1987.
Before SNEED, KENNEDY and BEEZER, Circuit Judges.
The petition for rehearing is granted. The opinion previously filed [826 F.2d 905] is withdrawn.
observing that, "[i]f the court has acted sua sponte, the prevailing party should be notified that it may, but need not, participate in the proceedings to determine whether sanctions should be imposed"
Summary of this case from Reynolds v. Ala. Dep't of Transp.Full title:NED SCHWARTZ, DERIVATIVELY, ON BEHALF AND FOR THE BENEFIT OF BANKAMERICA…
Court:United States Court of Appeals, Ninth Circuit
Date published: Nov 23, 1987
The "power to assess costs against an attorney under § 1927 . . . is a power that must be strictly construed.…
Reynolds v. Ala. Dep't of Transp.(Doc. # 4680, at 4.) Judge DeMent also permitted counsel for the Adams Intervenors to file a response, "if…