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Robert E. Ahern v. Central Pacific Freight Lines v. Roy Gaussoin, Central Pacific Freight Lines v. Touche Ross Nicholas K. Fisher, Robert E. Ahern John M. Barta Robert L. Barta Richard M. Barta and Robert R. Barta v. Central Pacific Freight Lines v. Roy Gaussoin

Citations: 846 F.2d 47; 1988 U.S. App. LEXIS 5953Docket: 86-4293

Court: Court of Appeals for the Ninth Circuit; May 6, 1988; Federal Appellate Court

Narrative Opinion Summary

This case involves consolidated appeals concerning allegations of securities and RICO violations by Central Pacific Freight Lines, initiated by 64 owners of subordinated notes from Tradex, Inc. The trucking company, solely owned by Schlegel, reached a settlement of $2.7 million, which exceeded the notes' face value. Following the settlement, all but one plaintiff accepted and signed releases, leading to case dismissal. Schlegel contested the judgment, asserting the note was a corporate asset under Chapter 11 bankruptcy and that she lacked settlement authorization. After an evidentiary hearing, the district court found that Schlegel had assented to the settlement, implying consent through her conduct. The Ninth Circuit upheld the district court's denial to set aside the judgment, emphasizing the preference for settlements and noting that Schlegel's actions suggested agreement. The court also affirmed Rule 11 sanctions against Schlegel, citing her unsupported motions that caused unnecessary legal expenses. The judgment was affirmed, reinforcing the presumption of assent from conduct and the authority to settle based on participation in settlement negotiations.

Legal Issues Addressed

Authority to Settle

Application: The court found that Schlegel had the authority to settle despite her later claims, as her conduct during settlement negotiations indicated agreement.

Reasoning: The district court conducted a detailed evidentiary hearing, ultimately denying her motion based on the finding that she had assented to the settlement.

Enforcement of Settlement in Bankruptcy Context

Application: The court dismissed Schlegel's claim that the note belonged to her corporation in bankruptcy, concluding it was her personal property.

Reasoning: Schlegel's argument that the note due for settlement belonged to her business entity rather than herself was dismissed, as evidence showed that it was her personal property.

Rule 11 Sanctions

Application: The district court's imposition of Rule 11 sanctions was upheld due to Schlegel's unsupported claims and conduct that caused unnecessary legal expenses.

Reasoning: The court found Schlegel's claims unsupported and contradicted by her actions during the settlement, noting her conflicting positions that obscured issues and wasted opposing counsel's time.

Settlement Agreements and Assent

Application: The court determined that assent to settlement terms can be inferred from a party's conduct, such as participation in settlement discussions without objection.

Reasoning: Assent to settlement terms can be implied from conduct, establishing a presumption of agreement that others may rely upon.

Standard of Review for Denial of Motion to Set Aside Judgment

Application: The Ninth Circuit affirmed the district court’s decision unless there was an abuse of discretion.

Reasoning: The Ninth Circuit must affirm this denial unless the district court abused its discretion.