Ctr. for Individual Rights v. Chevaldina
| Decision Date | 26 September 2022 |
| Docket Number | 21-13453 |
| Parties | CENTER FOR INDIVIDUAL RIGHTS, Plaintiff-Counter Defendant-Appellee, v. IRINA CHEVALDINA, Defendant-Counter Claimant-Appellant. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
DO NOT PUBLISH
Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:16-cv-20905-WPD Before LUCK, BRASHER, and ANDERSON, Circuit Judges.
Irina Chevaldina, proceeding pro se, appeals following the voluntary dismissal, without prejudice, of a civil diversity breach of contract action filed against her by the Center for Individual Rights (the "Center"), and the denial of certain motions she made seeking vacatur or reconsideration of the district court's prior rulings.
We note that in 2020, we affirmed the district court in part, vacated in part, and remanded this case for further proceedings. Ctr. for Indiv. Rights v. Chevaldina, 829 Fed.Appx 416, 417-19 (11th Cir. 2020) (unpublished). In doing so, we held that Chevaldina had "wholly failed to adduce any evidence" in support of a counterclaim against the Center; we affirmed the district court's grant of summary judgment to the Center on that counterclaim; but we also vacated the grant of summary judgment in one respect and remanded the case for further proceedings. Id. at 417-418. These ended with the judgment referenced above.
On appeal, Chevaldina contends that the district court erred (i) in July 2019, while the earlier appeal was pending, by awarding the Center $6,303.80 in attorneys' fees and costs as reasonable expenses following a partially successful motion to hold Chevaldina in contempt and to compel post-judgment discovery; (ii) by denying the various motions under Fed.R.Civ.P. 59 or 60, which she filed between October 2018 and September 2021 (which motions challenged orders relating to post-judgment discovery and the order awarding reasonable expenses to the Center and the amount of reasonable expenses to be awarded); and (iii) in September 2021, by granting the Center's voluntary dismissal motion without prejudice with each party bearing their own costs.
We will address each of her arguments in turn.
We review the district court's imposition of sanctions under Fed.R.Civ.P. 37 for an abuse of discretion. BankAtlantic v. Blythe Eastman Paine Webber, Inc., 12 F.3d 1045, 1048 (11th Cir. 1994). Likewise, we review a district court's determination that a party failed to comply with local rules for abuse of discretion. See Kilgo v. Ricks, 983 F.2d 189, 192 (11th Cir. 1993). In doing so, we "give great deference to a district court's interpretation of its local rules." Reese v. Herbert, 527 F.3d 1253, 1267 n.22 (11th Cir. 2008) (quotation marks omitted).
A district court abuses its discretion when it applies an incorrect legal standard, follows improper procedures, or makes findings of fact that are clearly erroneous. See Luxottica Grp., S.P.A. v. Airport Mini Mall, LLC, 932 F.3d 1303, 1311 (11th Cir. 2019). However, when our review is only for abuse of discretion, it "means that the district court had a 'range of choice' and that we cannot reverse just because we might have come to a different conclusion ...." Sloss Indus. Corp. v. Eurisol 488 F.3d 922, 934 (11th Cir. 2007).
We also may affirm the district court's decision for reasons different than those stated by the district court. Turlington v. Atlanta Gas Light Co., 135 F.3d 1428, 1433 n.9 (11th Cir. 1998). And we will not reverse on the basis of harmless error. See Equal Emp't Opportunity Commn v. STME, LLC, 938 F.3d 1305, 1322-23 (11th Cir. 2019).
Pro se pleadings are liberally construed, but issues not briefed on appeal are normally forfeited and will not be considered. Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). An appellant can abandon a claim by: (1) making only passing reference to it, (2) raising it in a perfunctory manner without supporting arguments and authority, (3) referring to it only in the "statement of the case" or "summary of the argument," or (4) referring to the issue as mere background to the appellant's main arguments. Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 681-82 (11th Cir. 2014).
Local Rule 7.3 of the Southern District of Florida "provides a mechanism to assist parties in resolving attorneys fee and costs disputes by agreement." S.D. Fla. R. 7.3(a). It provides that "a motion for an award of attorneys' fees and/or non-taxable costs arising from the entry of a final judgment or order" must have several listed requirements. S.D. Fla. R. 7.3.
Under Rule 69 of the Federal Rules of Civil Procedure, the procedure for execution of a money judgment "in proceedings supplementary to and in aid of judgment or execution . . . must accord with the procedure of the state where the court is located" unless there is an applicable federal statute. Fed.R.Civ.P. 69(a)(1). In aid of the judgment or execution, "the judgment creditor . . . may obtain discovery from any person . . . as provided in these rules or by the procedure of the state where the court is located." Fed.R.Civ.P. 69(a)(2); see 42 U.S.C. § 1988.
In Florida, a person who has recovered a judgment in any court against any person or entity "may obtain discovery from any person, including the judgment debtor." Fla. R. Civ. P. 1.560(a). The rule further provides that:
In addition to any other discovery available to a judgment creditor under this rule, the court, at the request of the judgment creditor, shall order the judgment debtor or debtors to complete form 1.977, including all required attachments, within 45 days of the order or such other reasonable time as determined by the court. Failure to obey the order may be considered contempt of court.
Fla. R. Civ. P. 1.560(b) (emphasis added).
"Sanctions allowed under Rule 37 are intended to 1) compensate the court and other parties for the added expense caused by discovery abuses, 2) compel discovery, 3) deter others from engaging in similar conduct, and 4) penalize the offending party or attorney." Wouters v. Martin Cnty., 9 F.3d 924, 933 (11th Cir. 1993). "Rule 37 sanctions are intended to prevent unfair prejudice to the litigants and insure the integrity of the discovery process." Gratton v. Great Amer. Comm., 178 F.3d 1373, 1375 (11th Cir. 1999). "Rule 37 sanctions were designed not merely to penalize those whose conduct may be deemed to warrant such a sanction, but to deter those who might be tempted to such conduct in the absence of such a deterrent." Carlucci v. Piper Aircraft Corp., 775 F.2d 1440, 1447 (11th Cir. 1985) (quotations omitted). "[I]n cases invoking the sanction power of Rule 37[,] the district court must clearly state its reasons so that meaningful review may be had on appeal." Id. at 1453 (quotations omitted). "The district court has broad discretion [to impose sanctions], and this is 'especially true when the imposition of monetary sanctions is involved.'" Ban-kAtlantic v. Blythe Eastman Paine Webber, Inc., 12 F.3d 1045, 1048 (11th Cir. 1994) (citation omitted). "The magnitude of sanctions awarded is bounded under Rule 37 only by that which is 'reasonable' in light of the circumstances." Carlucci, 775 F.2d at 1453. "If a pro se litigant ignores a discovery order, he is and should be subject to sanctions like any other litigant." Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989).
Rule 37(a)(5)(A) states that "if a motion [to compel] is granted-or if the disclosure or requested discovery is provided after the motion was filed-the court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, or both to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees." Fed.R.Civ.P. 37(a)(5)(A). The Rule gives three exceptions that justify no award of costs, when "(i) the movant filed the motion before attempting in good faith to obtain the disclosure or discovery without court action; (ii) the opposing party's nondisclosure, response, or objection was substantially justified; or (iii) other circumstances make an award of expenses unjust." Fed.R.Civ.P. 37(a)(5)(A)(i)-(iii).
The district court did not hold Chevaldina in contempt, and it denied the Center's motion in this respect, but it also granted the Center's motion in part-i.e. granting the motion to compel Chevaldina to provide the Center with information. Accordingly, it found that reasonable expenses were "generally mandatory" under the circumstances. In light of this reasonable construction of the motion, and the circumstances set forth above, the district court did not abuse its discretion in awarding reasonable expenses to the Center for expenses incurred in that regard, even though Chevaldina was pro se. Moon, 863 F.2d at 835, 837.
Chevaldina's arguments about whether she was held in contempt or was sanctioned largely fail to address the fact that expenses are generally mandatory when a motion to compel is granted under Rule 37. Fed.R.Civ.P. 37. Thus, the Center was entitled to reasonable expenses unless it failed to consult with Chevaldina ahead of time, Chevaldina's failure was substantially justified, or other circumstances made an award unjust. Fed.R.Civ.P. 37(a)(5)(A)(i)-(iii). Chevaldina fails to offer substantive argument to suggest that the Center did not consult with her. Moreover, the Center attached its communications with her to show that it did, in fact, "attempt[t] in good faith to obtain the disclosure or discovery [from her] without court action." Fed.R.Civ.P. 37(a)(5)(A)(i).
As to whether her non-disclosure was substantially justified Chevaldina's argument that she was not required to "serve" the Fact Information Sheet is frivolous, because while...
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