Sakuma v. Association of Apartment Owners of the Tropics at Waikele

Summary

The Ninth Circuit addressed three consolidated appeals arising from post-judgment orders in litigation involving Patsy N. Sakuma. It dismissed the appeal from a civil contempt order as moot and affirmed orders designating Sakuma a vexatious litigant, imposing a pre-filing screening order, and denying relief from a judgment enforcing a settlement. The court held that Sakuma received adequate notice and an opportunity to be heard and that her Rule 60(b)(6) arguments were untimely and insufficient.

Holdings

1. The appeal was moot because Sakuma had complied with the contempt order and the district court had imposed no contempt sanctions; relief from the order would provide her no remedy.
2. The district court did not violate Sakuma's procedural rights because it gave her an opportunity to brief the issue, considered her arguments, and entered findings supporting the screening order.
3. Sakuma was not entitled to Rule 60(b)(6) relief because her breach arguments were untimely, and the alleged June 2006 breach did not constitute a complete frustration of the settlement agreement.

Questions Presented

1. Whether the appeal from the civil contempt order was moot after Sakuma complied with the order and no sanctions were imposed.
2. Whether the district court violated Sakuma's due process rights by entering a pre-filing screening order without adequate notice and an opportunity to be heard.
3. Whether Sakuma was entitled to relief from the settlement judgment under Federal Rule of Civil Procedure 60(b)(6) based on alleged breaches of the settlement agreement.

Disposition

dismissed