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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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