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Kano v. National Consumer Cooperative Bank

Wayne H.T. Kano Patricia Kano, Trustee and Phillip Kau, Trustee v. National Consumer Cooperative Bank Frank L. Torres, and Jack L. Ayers, Jr. And Elsie M. Ayers, Third-Party-Plaintiffs-Appellees, George R. Madden, Jr., Third-Party-Defendant-Appellee

Kano v. Nat'l Consumer Coop. Bank, 22 F.3d 899 (3d Cir. 1994)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
April 18, 1994
Docket
No. 92-16754
Citations
22 F.3d 89994 Daily Journal DAR 509128 Fed. R. Serv. 3d 127394 Cal. Daily Op. Serv. 26571994 U.S. App. LEXIS 7616

Opinion

22 F.3d 899 28 Fed.R.Serv.3d 1273

Wayne H.T. KANO; Patricia Kano, Trustee and Phillip Kau, Trustee, Plaintiffs-Appellants, v. NATIONAL CONSUMER COOPERATIVE BANK, et al.; Frank L. Torres, Defendants-Appellees, and Jack L. Ayers, Jr. and Elsie M. Ayers, Third-party-plaintiffs-Appellees, George R. Madden, Jr., Third-party-defendant-Appellee.

No. 92-16754.

United States Court of Appeals, Ninth Circuit.

April 18, 1994.

Riccio M. Tanaka, Honolulu, HI, for plaintiffs-appellants.

James N. Duca, Shelby Ann Floyd, Alston Hunt Floyd & Ing, Honolulu, HI, Frank Torres, pro se, for defendants-appellees.

Before: POOLE, WIGGINS, and T.G. NELSON, Circuit Judges.

ORDER 1

The opening brief filed on behalf of appellant violated Fed.R.App.P. 32(a) in that the lines were not double-spaced, but were spaced only one-and-one half spaces apart. Furthermore, the footnotes were of a typeface much smaller than that permitted by the rule, and contained approximately eight lines per inch as opposed to six lines per inch in a normal single-spaced format. We estimate that the opening brief was the equivalent of at least sixty-five pages in length, far exceeding the fifty-page limit.

2

Counsel for appellant took full responsibility for the form of the brief. However, it is apparent from the reply brief filed by counsel that he knows what the spacing requirements are, even though the footnotes in the reply brief also do not comply with Rule 32. Consequently, we impose sanctions against counsel for the appellant in the amount of $1,500. See Adriana Intern. Corp. v. Thoeren, 913 F.2d 1406 , 1417 (9th Cir.1990), cert. denied, 498 U.S. 1109 , 111 S.Ct. 1019 , 112 L.Ed.2d 1100 (1991) (imposing sanctions for failure to comply with Fed.R.App.P. 32(a)); see also 28 U.S.C. 1927 (authorizing sanctions for failure to comply with rules governing form of briefs). The court acknowledges payment of the sanction.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1996: 12013: 12016: 12020: 22021: 219962026peak 2020 · 2

Relies on it most ⓘ

  1. Parker v. BNSF Railway CompanyNo. 2:14-cv-00176 (W.D. Wash. July 27, 2021)
  2. Wingate v. City of Seattle198 F. Supp. 3d 1221 (W.D. Wash. 2016)
  3. In re MacIntyre77 F.3d 489 (9th Cir. 1996)
  4. In re Ronald Alvin NeffNo. CC-12-1412-TaPaKi (9th Cir. BAP May 7, 2013)
  5. McCormack v. Commissioner of Social Security AdministrationNo. 2:20-cv-00651 (D. Ariz. July 2, 2021)
  6. Bluetooth SIG, Inc. v. FCA US, LLCNo. 2:18-cv-01493 (W.D. Wash. June 24, 2020)

Most recent

  1. Parker v. BNSF Railway CompanyNo. 2:14-cv-00176 (W.D. Wash. July 27, 2021)
  2. McCormack v. Commissioner of Social Security AdministrationNo. 2:20-cv-00651 (D. Ariz. July 2, 2021)
  3. North Coast Electric Company v. Safari Electric LLCNo. 2:19-cv-00763 (W.D. Wash. Aug. 27, 2020)
  4. Bluetooth SIG, Inc. v. FCA US, LLCNo. 2:18-cv-01493 (W.D. Wash. June 24, 2020)
  5. Wingate v. City of Seattle198 F. Supp. 3d 1221 (W.D. Wash. 2016)
  6. In re Ronald Alvin NeffNo. CC-12-1412-TaPaKi (9th Cir. BAP May 7, 2013)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kano v. Nat'l Consumer Coop. Bank, 22 F.3d 899 (9th Cir. 1994) 8

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