MILLER v. MARRIOTT INT’L, INC. 9956947

Docket Nº:9956947
Party Name:MILLER v. MARRIOTT INT’L, INC.
Case Date:March 06, 2002
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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MILLER v. MARRIOTT INT’L, INC. 9956947

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ODELIA MILLER; ERMA LEE MILLER, Plaintiffs-Appellants, v. MARRIOTT INT’L, INC.; COURTYARD MANAGEMENT CORPORATION; WORLD TRAVEL INNS LIMITED PARTNERSHIP IV; MLEM PROPERTIES, INC.; AMERICAN GENERAL HOSPITALITY, INC., Defendants-Appellees.

No. 99-56947; D.C. No. CV-98-07838-GAF

ODELIA MILLER; ERMA LEE MILLER, Plaintiffs-Appellants, v. MARRIOTT INT’L, INC.; COURTYARD MANAGEMENT CORPORATION; WORLD TRAVEL INNS LIMITED PARTNERSHIP IV; MLEM PROPERTIES, INC.; AMERICAN GENERAL HOSPITALITY, INC., Defendants-Appellees, and SOHIAL ANWAR, MANUEL JAVIER; VICTOR FIROOZTALE; LA SHONTE NETHERLY; LEWIN (Last name refused); MINDY DOE, Defendants.

No. 00-56820; D.C. No. CV-98-07838-GAF

OPINION

Appeal from the United States District Court for the Central District of California

Gary Feess, District Judge, Presiding

Submitted March 6, 2002* Pasadena, California

Filed August 16, 2002

Before: James R. Browning, Sidney R. Thomas and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Rawlinson

*The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).

COUNSEL

Lawrence F. Schoelch, Encino, California, for the plaintiffs-appellants.

Kimberly J. Burstein, Bryan Cave, LLP, Santa Monica, Cali-fornia, for defendants-appellees Marriott International, Inc. and Courtyard Management Corp.

Richard D. Newman, Murchison & Cumming, Santa Ana, California, for defendants-appellees MLEM Properties Inc. and World Travel Inns Limited Partnership.

Cheryl D. Davidson, Royce, Grimm, Vranjes, McCormick & Graham, LLP, San Diego, California, for defendant-appellee American General Hospitality, Inc.

OPINION

RAWLINSON, Circuit Judge:

Plaintiffs-Appellants Odelia Miller and Erma Lee Miller (sometimes jointly referred to as the "Millers") appeal the district court’s dismissal of their complaint pursuant to their request and the district court’s grant of attorney fees and costs to Defendants. Because we have no jurisdiction over the merits, we dismiss the Millers’ appeal.

BACKGROUND

The Millers filed a complaint in state court alleging various state law causes of action and a separate cause of action under the Americans with Disabilities Act (the "ADA") against Defendants as a result of their alleged refusal to permit the Millers to check into various hotel rooms when they were accompanied by a service dog. Following removal, the magistrate judge granted Defendants’ motion for sanctions based on various discovery abuses, and conditionally ordered Odelia Miller to appear for a deposition. The Millers appeared for the deposition and represented that they would dismiss their case to prevent Defendants from incurring additional attorneys’ fees.

Subsequently, the magistrate judge ordered Erma Miller to pay Defendants $25,000.00 in sanctions pursuant to his earlier order. The magistrate judge, however, provided that if the Millers followed through with their representation to dismiss the entire action with prejudice by October 19, 1999, the order awarding sanctions would be...

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