Monday, August 12, 2024

U.S. ex rel. Lesnik v. Ism Vuzem DDO (9th Cir. - Aug. 12, 2024)

It's got to be a somewhat depressing day when you sue various defendants, none of them ever show up, you request their default (which no one even opposes), and the district court still dismisses you lawsuit.

It's got to be even more depressing when you then appeal, no one opposes the appeal, and you still lose in the Ninth Circuit. Your only opposition being, apparently, the panel.

Yet that's what happens today. In a unanimous published opinion, no less.

One last thing. There was never any opposition filed to anything, and at issue is simply a request for a default judgment, and yet this lawsuit has been pending for eight years -- since 2016.

An unusual set of circumstances, to be sure. And one with which I'm quite confident plaintiff and his counsel are less than pleased.