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Allen v. Scribner

United States Court of Appeals, Ninth Circuit
Sep 29, 1987
828 F.2d 1445 (9th Cir. 1987)

Summary

holding that because transfer "undoubtedly would have led to delay, the district court did not abuse its discretion in denying Allen's motion notwithstanding possible inconvenience to the witnesses."

Summary of this case from Arroyo v. TP-Link USA Corp.

Opinion

No. 85-2125.

September 29, 1987.

Stanley G. Hilton, San Francisco, Cal., for plaintiff-appellant.

Michael S. Sorgen, San Francisco, Cal., for appellant.

George Chris Stoll, San Francisco, Cal., Susan R. Oie, Sacramento, Cal., for defendants-appellees.

Before NELSON, CANBY and NOONAN, Circuit Judges.


ORDER

The opinion 812 F.2d 426 (9th Cir. 1987), filed March 5, 1987, is hereby amended as follows:

(1) Page 429, col. 1, lines 36-37:

Under the heading "(i)," "all of the state defendants," is replaced with "state defendants Scribner, Hans Van Nes, Richard Rominger, and Robert Dowell."

(2) Page 429, col. 2, line 5:

The semicolon following "1981" is replaced with a period. The phrase "and (iv)" is deleted and replaced with: "In his affidavit, Allen also alleges that."

(3) Page 434, footnote 17:

In the parenthetical following the citation to Bart v. Telford, 677 F.2d 622, 625 (7th Cir. 1982)," the words "summary judgment" are changed to "motion to dismiss."


Summaries of

Allen v. Scribner

United States Court of Appeals, Ninth Circuit
Sep 29, 1987
828 F.2d 1445 (9th Cir. 1987)

holding that because transfer "undoubtedly would have led to delay, the district court did not abuse its discretion in denying Allen's motion notwithstanding possible inconvenience to the witnesses."

Summary of this case from Arroyo v. TP-Link USA Corp.

holding that state entomologist's public criticism of state's medfly infestation project was speech on a matter of public concern

Summary of this case from Cohen v. San Bernardino Valley College

holding that a party waives any objection to an allegedly defective affidavit by failing to move to strike the affidavit

Summary of this case from In re King Street Investments, Inc.

noting that speech "related to the competency of ... management as well as the efficient performance of [government] duties" addressed a matter of public concern

Summary of this case from Oster v. Cnty. of Solano
Case details for

Allen v. Scribner

Case Details

Full title:TERRANCE M. ALLEN, PLAINTIFF-APPELLANT, v. JERRY SCRIBNER, HANS VAN NES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 29, 1987

Citations

828 F.2d 1445 (9th Cir. 1987)

Citing Cases

Cohen v. San Bernardino Valley College

Rankin v. McPherson, 483 U.S. 378, 384-85, 107 S.Ct. 2891, 2897, 97 L.Ed.2d 315 (1987) (quoting Connick, 461…

Arroyo v. TP-Link USA Corp.

The party moving for transfer of a case bears the burden of demonstrating transfer is appropriate. See…