ILNews

7th Circuit affirms dismissal of plaintiffs

Back to TopCommentsE-mailPrintBookmark and Share

Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.

In Adrianna Brown, et al. v. Columbia Sussex Corp., et al., No. 10-3849, 224 of the original 268 plaintiffs were dismissed from the lawsuit against the Baton Rouge Marriott because they continually missed formal and informal deadlines throughout pre-trial discovery. The plaintiffs – a group of people traveling to visit historically black universities – had their reservation at the Marriott canceled, forcing the group to drive through the night to their next destination. The plaintiffs believe the decision to cancel was racially motivated.

On Nov. 10, 2010, the District Court concluded it had to dismiss the plaintiffs who hadn’t responded as a sanction. A month later, 53 of those dismissed appealed, but a review by the 7th Circuit showed the District Court ruling wasn’t a final judgment. The District Court on Jan. 7, 2011, granted the appellants’ Federal Rules of Civil Procedure Rule 54(b) motion, finding their claims are separate from the claims of the remaining plaintiffs and entered a final judgment.

The Marriott argued that the 7th Circuit lacked jurisdiction to even rule on the matter because the plaintiffs prematurely filed their appeal and never filed another one after the District Court entered final judgment in January. The appellate court looked at the interplay among 28 U.S.C. Section 1291, Rule 54(b), and Rule 4(a) of the Federal Rules of Appellate Procedure, as well as FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269 (1991), to find that they could rule on the appeal.

“We therefore hold that, in the context of a multi-party or multi-claim suit, a premature notice of appeal from the dismissal of a party or claim will ripen upon the entry of a belated Rule 54(b) judgment under Rule 4(a)(2) and FirsTier,” wrote Judge Joel Flaum.

Addressing the appellants’ arguments, the 7th Circuit found the District Court was within its discretion to find that the appellants acted willfully, in bad faith or with fault in their discovery delays despite the appellant’s claims otherwise.

“In the case at hand, the district court made a finding that appellants displayed a pattern of ‘willful delay and avoidance,’ thus meeting the (Federal Rule of Civil Procedure) Rule 37 standard of willfulness, bad faith, or fault. A comparison to relevant case law clearly illustrates that this finding was not erroneous,” he wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

ADVERTISEMENT