Angela Lambert v. Worldwide Marketing Technologies Corporation

708 F. App'x 559
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 1, 2017
Docket16-15992 Non-Argument Calendar
StatusUnpublished
Cited by4 cases

This text of 708 F. App'x 559 (Angela Lambert v. Worldwide Marketing Technologies Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angela Lambert v. Worldwide Marketing Technologies Corporation, 708 F. App'x 559 (11th Cir. 2017).

Opinion

PER CURIAM:

Angela Lambert appeals pro se the dismissal of her complaint against her former employer, Worldwide Marketing Technologies Corporation, and its owners, Claudina Pennell, and Daniel Pennell. The district court dismissed Lambert’s complaint as a sanction for refusing to comply with an order to produce her computer for inspection and for attempting to deceive a magistrate judge. We affirm.

I. BACKGROUND

Lambert complained that Worldwide and the Pennells violated her federal and state civil rights and violated federal wage laws. Lambert alleged that she had been terminated in retaliation for protesting the failure of the company to comply with tax and wage laws, in violation of the Florida Public Sector Whistleblower Act, Fla. Stat. § 448.101, et seq.-, that she had been discriminated against based on her religious beliefs and subjected to a hostile work environment, in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a)j and the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01(1), and discriminated against based on her age, in violation of the Florida Civil Rights Act, id., and the Age Discrimination in Employment Act, 29 U.S.C. § 623(a). Lambert also alleged that she had been denied overtime wages, in violation of the Fair Labor Standards Act,- 29 U.S.C. § 201, et seq., and that Worldwide had been unjustly enriched by its “illegal activities” and had defamed Lambert, in violation of state law. ■

The district court entered a scheduling order that referred all pretrial motions and discovery matters to a magistrate judge. During discovery, Lambert produced a document that recorded the allegedly unlawful actions of her employers and the overtime hours she had accumulated. Lambert testified that she had created the document on her computer and had updated the document weekly, yet when Worldwide requested a digital copy of the document, Lambert said she could not provide a digital copy. Worldwide also requested to examine Lambert’s computer for vestiges of the document, but Lambert objected. The magistrate judge scheduled the discovery dispute for a hearing, but it delayed the hearing after Lambert’s counsel withdrew from the case.

In the meantime, customers of Worldwide received packages mailed anonymously from- Port Saint Lucie, Florida, where Lambert and her father resided. The packages contained copies of filings in Lambert’s lawsuit and of a letter Lambert had sent the Pennells. In the letter, Lambert offered to settle her charge of discrimination and warned the Pennells of “irreparable ... damage to [their] personal reputation and public image that would inevitably result from this matter dragging slowly through the court system and being aired out in, the court of public opinion”

Worldwide filed an emergency motion for an order directing Lambert to cease and desist contacting its customers. Lambert opposed the motion and denied having any knowledge of the packages. When she appeared before the magistrate judge, Lambert insisted that she was ignorant of *561 the packages, and she did not object to the issuance of a subpoena to the postmaster to provide evidence related to the mailings. Based on the lack of evidence implicating Lambert, the magistrate judge denied the motion filed by Worldwide.

The magistrate judge progressed to the issue of discovery and warned Lambert that her statements were subject to the penalties of perjury. Lambert asserted that she did not have a digital copy of the document or a computer containing a digital copy, and the magistrate judge notified Lambert that she could be sanctioned under Federal Rule of Civil Procedure 37 if she failed to comply with a court order. After Lambert stated that she used a computer with access to iCloud, the magistrate judge instructed the parties to arrange an inspection “on June 9th, or at the latest June 10th” or to notify him if they could not “work out something jointly.” The magistrate judge entered an order requiring “the parties [to] consult and set a date and time, along with appropriate search parameters, by June 10, 2016[,] for an inspection of [Lambert’s] computer.”

On June 3, 2016, Worldwide sent Lambert an email requesting to inspect her computer on June 10, 2016, but Lambert did not respond. On June 7, 2016, Worldwide sent a second email regarding the inspection, and Lambert responded with several questions “in the interest of setting ‘appropriate search parameters.’ ” On June 9, 2016, Worldwide replied that it would conduct a “full and complete inspection” for evidence of the document during which Daniel Pennell would “touch” Lambert’s computer. On June 10, 2016, Lambert sent an email stating that she would not provide her computer for inspection. Lambert’s email stated that the reply sent by Worldwide was “extremely violent, aggressive and [having] a sadomasochistic tone” like that used by “someone like ISIS”; that its use of “the word ‘touch’ ,.. [was] unnerving and ... [conveyed] the idea of violating [her] and [her] privacy”; that its reply suggested the inspection would “‘touch’ all parts of her life and livelihood”; that she would not submit to “this kind of ‘gang-rape’ ”; and that she would not allow “Dan[iel] Pennell ... to be the lead ‘rapist’ who [would] violate [her] privacy by ‘touching1 [her] computer.”

Worldwide filed motions to sanction Lambert for refusing to comply with the order of discovery and for her perjury. Worldwide submitted two envelopes addressed to their customers bearing a postmark of May 12, 2016, still photographs obtained from surveillance footage recorded on May 12, and affidavits identifying Lambert as the person depicted in the photographs. The photographs showed Lambert at the Port Saint Lucie post office purchasing postage and mailing the envelopes. The district court referred the motions filed by Worldwide to the magistrate judge.

The magistrate judge held an evidentia-ry hearing and warned Lambert that, if she committed perjury, she could incur a monetary penalty and her action could be dismissed with prejudice. Lambert asserted that the order of discovery required the parties only to reach an agreement for an inspection and that she was intimidated by the language used by Worldwide in its July 9 email. But Lambert acknowledged that she failed to request that the magistrate judge assist her in arranging the inspection. Lambert also asserted that her father gave her the envelopes and that she was unaware of their contents, but Worldwide urged the magistrate judge to make a contrary finding based on Lambert’s involvement in mailing the packages and the inclusion of her letter threatening reputa-tional harm.

*562

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
708 F. App'x 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angela-lambert-v-worldwide-marketing-technologies-corporation-ca11-2017.