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7th Circuit affirms dismissal of plaintiffs

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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.

 

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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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