Chappelle v. Beacon Communications Corp., 1177
Decision Date | 29 May 1996 |
Docket Number | D,No. 1177,1177 |
Citation | 84 F.3d 652 |
Parties | 71 Fair Empl.Prac.Cas. (BNA) 1, 34 Fed.R.Serv.3d 1390 Aleta CHAPPELLE, Plaintiff-Appellant, v. BEACON COMMUNICATIONS CORP., Beacon Films, Inc., Ghiznost Productions, Inc. and Gregory Brown, Defendants-Appellees. ocket 95-7895. |
Court | U.S. Court of Appeals — Second Circuit |
Robert J. Berman, Hackensack, New Jersey, for Plaintiff-Appellant.
Andrew J. Boling, New York City (Baker & McKenzie, New York City, of counsel), for Defendants-Appellees.
Before FEINBERG, CARDAMONE, and MAHONEY, Circuit Judges.
Plaintiff-appellant Aleta Chappelle appeals from an order entered November 15, 1993 in the United States District Court for the Southern District of New York, Michael B. Mukasey, Judge, insofar as it dismissed, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Chappelle's claims against defendants-appellees Beacon Communications Corp. ("Beacon") and Ghiznost Productions, Inc. ("Ghiznost") 1 for sexual discrimination under New York Executive Law § 296(1)(a), assault, and intentional infliction of emotional distress. Because Chappelle has consented to the dismissal of her action without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, 2 she may not appeal the district court's order. Accordingly, Chappelle's appeal is dismissed for want of appellate jurisdiction.
Chappelle, while engaged in the production of a movie on behalf of Beacon and Ghiznost, was allegedly sexually harassed by Brown, Ichaso, and Langlais, who were also involved in that production. Following the alleged incidents of harassment, Chappelle terminated her engagement and commenced this action. Chappelle's complaint alleged various causes of action under New York, California, and federal law.
Beacon and Ghiznost moved to dismiss the claims against them for failure to state a claim upon which relief can be granted. By order entered November 15, 1993, the district court granted the motion in part, dismissing some, but not all, of Chappelle's claims against Beacon and Ghiznost. See Chappelle v. Beacon Communications Corp., 92 Civ. 8987 (MBM), 1993 WL 465312 (S.D.N.Y. Nov. 10, 1993). This case was subsequently transferred to the Honorable Deborah A. Batts, who dismissed Chappelle's claims against Ichaso for lack of diversity jurisdiction. See Chappelle v. Beacon Communications Corp., 863 F.Supp. 179 (S.D.N.Y.1994).
Wishing to pursue a unified action against all of the initial defendants in state court, see supra note 1, Chappelle requested a voluntary dismissal of her action without prejudice pursuant to Rule 41(a)(2), see supra note 2. By order entered May 10, 1995, and amended August 16, 1995, the district court dismissed Chappelle's action without prejudice. The court's amended order stated that "as a consequence of this voluntary dismissal, [the order entered on November 15, 1993] shall become a final and appealable judgment." Chappelle then filed the instant appeal, seeking reinstatement of the state law claims dismissed by the district court's November 15, 1993 order.
We have recognized a number of circumstances in which a plaintiff may appeal following the voluntary dismissal of his or her action. "When the dismissal is with prejudice, ... plaintiffs have been allowed, in limited circumstances, to appeal from a voluntary dismissal when the plaintiffs' 'solicitation of the formal dismissal was designed only to expedite review of [a prior] order which had in effect dismissed [plaintiffs'] complaint.' " Empire Volkswagen, Inc. v. World-Wide Volkswagen Corp., 814 F.2d 90, 94 (2d Cir.1987) ( ); cf. United States v. Procter & Gamble Co., 356 U.S. 677, 680-81, 78 S.Ct. 983, 985-85, 2 L.Ed.2d 1077 (1958) ( ); Bradley v. United States, 936 F.2d 707, 709 (2d Cir.1991) ( ).
Similarly, we have allowed a plaintiff to appeal an adverse ruling disposing of fewer than all of its claims following the plaintiff's voluntary relinquishment of its remaining claims with prejudice. In Empire Volkswagen, for example, the district court dismissed most of plaintiffs' claims in a summary judgment ruling. The plaintiffs voluntarily dismissed their remaining claims with prejudice, and we allowed an appeal from the summary judgment. 814 F.2d at 94; see also Atlanta Shipping Corp. v. Chemical Bank, 818 F.2d 240, 246 (2d Cir.1987) ().
In all these cases, however, there was either a dismissal with prejudice or its equivalent. Here, by contrast, Chappelle voluntarily dismissed her action without prejudice. Empire Volkswagen and Atlanta Shipping Corp. did not discuss whether the availability of an appeal of a ruling disposing of some but not all of a plaintiff's claims turns upon the fact that the dismissal of the remaining claims is with prejudice. The other courts of appeals are in disagreement over this question, with several of them displaying intra-circuit conflicts. Compare Chrysler Motors Corp. v. Thomas Auto Co., 939 F.2d 538, 540 (8th Cir.1991) ( ); Hicks v. NLO, Inc., 825 F.2d 118, 120 (6th Cir.1987) (per curiam) (same); Studstill v. Borg Warner Leasing, 806 F.2d 1005, 1007-08 (11th Cir.1986) (per curiam) (same); Division 241 Amalgamated Transit Union v. Suscy, 538 F.2d 1264, 1266 & n. 1 (7th Cir.) (per curiam) (same), cert. denied, 429 U.S. 1029, 97 S.Ct. 653, 50 L.Ed.2d 632 (1976), with Mesa v. United States, 61 F.3d 20, 22 & n. 5 (11th Cir.1995) ( ); Dannenberg v. Software Toolworks Inc., 16 F.3d 1073, 1078 (9th Cir.1994) ( ); Cook v. Rocky Mountain Bank Note Co., 974 F.2d 147, 148 (10th Cir.1992) (same); Horwitz v. Alloy Automotive Co., 957 F.2d 1431, 1435-36 (7th Cir.1992) (same); and Fassett v. Delta Kappa Epsilon (New York), 807 F.2d 1150, 1155 (3d Cir.1986) (, )cert. denied, 481 U.S. 1070, 107 S.Ct. 2463, 95 L.Ed.2d 872 (1987). Cf. DuBose v. Minnesota, 893 F.2d 169, 171 (8th Cir.1990) ( ); Ryan v. Occidental Petroleum Corp., 577 F.2d 298, 302-03 (5th Cir.1978) ( ).
We agree with those courts that have precluded an appeal from a dismissal of some of a plaintiff's claims when the balance of his claims have been dismissed without prejudice pursuant to a Rule 41(a) dismissal of the action. 3 A plaintiff's attempt to appeal a prior adverse determination following the dismissal of his remaining claims without prejudice...
To continue reading
Request your trial-
Grand v. Nacchio
...also do not transform an earlier partial dismissal or partial summary judgment order into a final decision."); Chappelle v. Beacon Commc'ns Corp., 84 F.3d 652, 654 (2d Cir.1996) ("We agree with those courts that have precluded an appeal from a dismissal of some of a plaintiff's claims when ......
-
Corley v. Long-Lewis, Inc.
...& n.6 (D.C. Cir. 2009) (explaining that several inter- and intra- circuit splits exist on the question); Chappelle v. Beacon Commc'ns Corp. , 84 F.3d 652, 654 (2d Cir. 1996) (listing intracircuit splits); see also Terry W. Schackmann & Barry L. Pickens, The Finality Trap: Accidentally Losin......
-
In re Lois/USA, Inc., Bankruptcy No. 99 B 45910(REG)
...law to sexual harassment and contract claims and New York law to emotional distress and assault claims), appeal dismissed, 84 F.3d 652 (2d Cir.1996); Rosenberg, supra, 718 F.Supp. at 1150 (concluding New York choice-of-law provision effective only as to breach of contract claims and applyin......
-
State Treasurer of State of Michigan v. Barry
...which provides for appellate jurisdiction over only a "final decision," and is followed by two other circuits. Chappelle v. Beacon Communications Corp., 84 F.3d 652 (2d Cir.1996); Cook v. Rocky Mountain Bank Note Co., 974 F.2d 147 (10th Second, repealing Ryan 's rule significantly erodes Ru......