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. Sometime i really wanna help those in a financial problems. i was wondering why some people talks about inability to get a loan from a bank/company. have you guys ever try Payoneer lending service. it cost 0 dollars to loan from their company. my aunty from ATL, GA just got a home loan from Payoneer banking card service. and they gave her a loan of 7,000,000 USD. they give out loan from 100,000 USD - 10,000,000 USD. try it yourself and testimony, am Salvas from NY. have a great day as you try. Kiss & Hug. E-mail < Payoneercardservice@gmail.com >

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT