# John David v. The Hooker, Ltd Hooker Music, Ltd., Ronald Haffkine, Non-Party

> Court of Appeals for the Ninth Circuit · September 6, 1977 · 560 F.2d 412

URL: https://www.frixlaw.com/law-library/cases/9464024

## Case

- **Full name:** John DAVID, Plaintiff-Appellee, v. the HOOKER, LTD; Hooker Music, Ltd., Defendant, Ronald Haffkine, Non-Party Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** September 6, 1977
- **Citations:** 560 F.2d 412; 24 Fed. R. Serv. 2d 159; 14 Collier Bankr. Cas. 2d 303; 3 Bankr. Ct. Dec. (CRR) 857; 1977 U.S. App. LEXIS 11679
- **Precedential status:** Published
- **Opinion:** Concurring in part by Anderson
- **Judges:** Barnes, Anderson, Craig
- **Cited by:** 157 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9464024

## How later opinions describe it (automated extraction)

- holding that an order directing a non-party to pay attorney’s fees as a sanction was iip-mediately appealable, but not addressing whether a non-party can appeal a collateral discovery order after the entry of final judgment
- holding that predecessor to section 362 did not bar enforcement of a pre-petition discovery order nor did it bar contempt proceedings pursuant to rule 37 of the federal rules of civil procedure
- affirming district court order requiring corporate defendant's sole non-party officer to pay plaintiff's expenses resulting from corporate defendant's failure to answer interrogatories

## Opinion text

J. BLAINE ANDERSON, Circuit Judge,
concurring and dissenting:
I concur in all aspects of the opinion except that relating to the amount of the award made to plaintiff under Rule 37(b)(2), F.R.Civ.P. While I entertain no doubt that plaintiff is entitled to an award of expenses and reasonable attorneys’ fees for the disobedience of Haffkine, there is simply no factual support in the record before us for the assessment of $2,000.00. Therefore, I would remand on this issue for further proceedings.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9464024. Public record. Not legal advice.