205 F.3d 1015 (7th Cir. 2000), 99-1508, Fed Elec. Comm. v. Salvi
| Citation | 205 F.3d 1015 |
| Party Name | Federal Election Commission, Plaintiff-Appellant, v. Al Salvi for Senate Committee and Stephanie Mustell, as Treasurer, Defendants-Appellees. |
| Case Date | March 08, 2000 |
| Court | United States Courts of Appeals, U.S. Court of Appeals — Seventh Circuit |
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Argued December 8, 1999
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 98 C 4933 and No. 98 C 1321--George W. Lindberg, Judge.
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Before Harlington Wood, Jr., Coffey and Flaum, Circuit Judges.
Flaum, Circuit Judge.
The Federal Election Commission ("Commission") appeals an order of the United States District Court for the Northern District of Illinois denying the Commission's motion under Rules 60(b)(1) and (b)(4) for relief from an order dismissing a civil enforcement action the Commission had brought against the Al Salvi for Senate Committee and its treasurer, Stephanie Mustell, (collectively, "defendants") for violations of the Federal Election Campaign Act. The Commission also appeals the dismissal, and refusal to alter or amend the judgment, of a subsequent action, which the district court held was barred by the first dismissal under res judicata. For the reasons stated below, we affirm.
Background
On March 3, 1998, the Commission filed a complaint in the district court alleging that the defendants violated the Federal Election Campaign Act of 1971 by failing to properly report campaign contributions. At the time it filed the complaint, the Commission had no attorneys on the case who were members of the Northern District of Illinois Bar, and the Commission had neither designated local counsel for service, as required by the district court's General Rule 3.13, nor filed a petition for admission pro hac vice under General Rule 3.12.
On April 2, 1998, the Commission filed an ex parte motion for waiver of the local counsel and admission requirements. On April 7, the district court issued an order denying the Commission's motion for failure to comply with General Rule 15(B), which requires that an ex parte motion be supported by an affidavit showing cause. The front side of the order stated, at the bottom of the page, that further details were printed on the reverse side. On the reverse side, the order indicated that the court had considered and rejected the merits of the Commission's motion for waiver of the court's requirements: "even
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if the requirements of 15(B) had been met and even if the court had determined plaintiff's motion was appropriate for consideration ex parte, the motion would have been denied."
Due to a recording error at the court clerk's office, the Commission's counsel only received notice of the April 7 order on May 8, 1998. At that time, the Commission's counsel only copied and read the front side of the order, and were therefore unaware that the court had considered and rejected the merits of the Commission's April 2 motion. Consequently, the Commission refiled its motion for waiver of the court's local counsel and admission requirements.
On June 10, 1998, the district court again denied the Commission's motion, and this time struck all documents filed by the Commission for failure to designate local counsel. The June 10 order also noted that the Commission's counsel had, in failing to do so, directly violated the court's previous, April 7 order. On July 8, 1998, the court, sua sponte, entered an order pursuant to Federal Rule of Civil Procedure 41(b) dismissing the Commission's action.
According to the Commission, it had begun compliance with the court's directives upon receipt of the June 10 order by obtaining local counsel, petitioning for admission pro hac vice, and filing an amended complaint, appearance form, and summonses. Following dismissal of its case, on August 10, 1998, the Commission refiled its case against the defendants, and this second case was assigned to the same district court judge as the first action. The Commission did not move to alter or amend the July 8 dismissal order nor did it file a notice of appeal of the court's ruling in the original action. On November 30, 1998, the court granted the defendants' motion to dismiss the second action with prejudice on the ground that it was barred by the doctrine of res judicata, because the original action was dismissed with prejudice.
Upon learning from the court's November 30 order that the court's first dismissal was with prejudice, the Commission filed a motion under Federal Rule of Civil Procedure 60(b) to vacate the July 8 order dismissing the first action and to thereby permit the Commission to file a complaint to replace the one stricken by the court in June. The Commission argued that the dismissal was void as a matter of law; that it was based on the court's mistaken belief that the Commission had failed to comply with previous orders; and that any delay in complying with prior orders was the result of "excusable neglect." The Commission concurrently filed a motion under Rule 59(e) to alter or amend the judgment in the second action, arguing that the second action was not barred by the first action because, to the extent the earlier dismissal constituted a final judgment, it was void. The court denied these motions. The Commission now appeals the district court's denial of its Rule 60(b) motion as well as the judgment dismissing the Commission's second action.
Discussion
Although we are asked today to review several decisions by the district court stemming from two separate actions, the Commission ultimately seeks to revisit the district court's sua sponte dismissal with prejudice of the first action. We are somewhat sympathetic to the Commission-- though it seems clear that this case is before us because the Commission's counsel repeatedly failed to heed clear directives from the district court--because, as explained below, we believe the district court abused its discretion in dismissing the first action with prejudice. However, the procedural posture of this case leaves us no choice but to affirm the decisions on which this appeal is based.
A.
The Commission argues that the district court erred in concluding that the sua sponte dismissal of the first action barred the second action under res judicata. The
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Commission contends that when the court...
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...an explicit warning to the plaintiff. See Aura Lamp, 325 F.3d at 908; Bolt v. Loy,227 F.3d 854, 856 (7th Cir.2000); FEC v. Salvi,205 F.3d 1015, 1018-19 (7th Cir.2000); Ball, 2 F.3d at 760. However, the rule was adopted specifically for situations in which claims are dismissed with prejudice......