Ralph S. Cato v. Fresno City Daryl Balch, and J. Bradin R. Matsumoto, and Michael G. Marderosian

The question is whether an order imposing sanctions against an attorney pursuant to Fed.R.Civ.P. 16© is immediately appealable. Applying the principles established in Cunningham, v. Hamilton County, 527 U.S. 198, 119 S.Ct. 1915, 144 L.Ed.2d 184 (1999) (holding that sanctions orders under Fed.R.Civ.P. 37(a)(4) are not immediately appealable), we hold that such orders are appealable only after final judgment has been entered in the underlying action. 1

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Counsel of record for defendants appeals from an order imposing sanctions under Fed.R.Civ.P. 16©. After issuing a series of orders to show cause…