Cadle Company v. Schlichtmann

338 F.3d 19, 2003 U.S. App. LEXIS 15252, 2003 WL 21756621
CourtCourt of Appeals for the First Circuit
DecidedJuly 31, 2003
Docket02-2709
StatusPublished
Cited by11 cases

This text of 338 F.3d 19 (Cadle Company v. Schlichtmann) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cadle Company v. Schlichtmann, 338 F.3d 19, 2003 U.S. App. LEXIS 15252, 2003 WL 21756621 (1st Cir. 2003).

Opinion

RICHARD S. ARNOLD, Senior Circuit Judge.

The Cadle Company, one of the plaintiffs, is trying to enforce a note against the defendants. Jan R. Schlichtmann, one of the defendants, however, purchased Ca-dle’s cause of action against the defendants at a sheriffs sale in Texas. Cadle then claimed that it was merely acting as agent for a limited partnership, Atlanta Joint Venture, and that Atlanta still had an enforceable ninety-nine per cent, interest in the cause of action. Atlanta attempted to intervene, but the District Court denied Atlanta’s motion as untimely and concluded that Cadle’s prior representation that it owned the debts estopped it to assert now that it was actually acting on Atlanta’s behalf. We agree and affirm the decision of the District Court.

I.

A series of notes and guaranties (the debts) were issued by lawyers Jan R. Schlictmann and Thomas M. Kiley and the law firm of Schlictmann, Conway, Crowley & Hugo (collectively, the defendants) to the Boston Trade Bank. When the Bank failed, The Cadle Company purchased those instruments and later sought to enforce them. A long-running dispute commenced over whether Cadle had an interest in a large settlement that the appellees had received and paid to other creditors. After six years, the case reached this Court. We decided that Cadle did have some interest in the settlement fees and remanded the case for further proceedings. See Cadle Co. v. Schlichtmann, 267 F.3d 14 (1st Cir.2001).

In October of 2002, at a sheriffs sale in Texas, Mr. Schlichtmann purchased “[a]ll rights, claims and/or causes of action belonging to The Cadle Company ... against any individual ... arising in any manner or in any time against Jan R. Schlicht-mann,” for $62,000. Eight days later, Atlanta Joint Venture, a limited partnership of which Cadle was the general partner, moved to intervene in this suit as a plaintiff or to be substituted as the plaintiff.

Atlanta and Cadle argued that Cadle was merely acting as an agent for Atlanta in the litigation to enforce the debts. They suggested that Cadle owned only one *21 per cent, of the debts; Atlanta, they said, still owned the remaining ninety-nine per cent, of the debts, which were not sold to anyone, and thus remained enforceable by Atlanta or its agent (Cadle).

In November, the District Court denied Atlanta’s motion to intervene as untimely. As to Cadle’s argument, the Court observed that before the sale, during a hearing challenging Cadle’s standing to enforce the debts, Cadle’s attorney had said Cadle was the real party in interest in the suit and that it owned the debts. The District Court declined to entertain Cadle’s new argument that it had been merely acting as an agent all along. The Court dismissed the suit because Cadle no longer had an interest in the litigation — any dispute between Cadle, acting on its own behalf, and the defendants having been mooted by Mr. Schlichtmann’s acquisition of Cadle’s claim. Cadle and Atlanta appealed to this Court.

II.

This case presents two questions. The first is whether the District Court properly denied Atlanta Joint Venture’s motion to intervene. The second is whether The Cadle Company should be allowed to disavow its ownership of the debts in question.

A.

We review the District Court’s decision to deny a motion to intervene for an abuse of discretion. Mangual v. Rotger-Sabat, 317 F.3d 45, 61 (1st Cir.2003). A motion to intervene must be made in a proeedurally proper manner. See Pub. Serv. Co. of N.H. v. Patch, 136 F.3d 197, 205 n. 6 (1st Cir.1998). Specifically, whether the intervention is of right or is permissive, it must be timely. Fed. R.CivP. 24(a),(b).

A district court’s determination of timeliness is case-specific and is entitled to substantial deference. Caterino v. Barry, 922 F.2d 37, 40 (1st Cir.1990). Atlanta should have known that Cadle’s claim was being sold in Texas. Atlanta also should have anticipated the problems this sale would create, given that Atlanta had allowed Cadle to hold itself out for seven years as owner of the debts. Nonetheless, it allowed the District Court to halt proceedings for weeks to await the results of the sale, which might not have been necessary had Atlanta disclosed that its major interest in the debts was not being sold in Texas. It was only after the sale that Atlanta decided to make its presence felt. Under these circumstances, we cannot say that the District Court abused its discretion in deciding that Atlanta’s motion was untimely.

B.

We review de novo the District Court’s dismissal of this suit on the ground of mootness. Me. Sch. Admin. Dist. No. 25 v. Mr. R., 321 F.3d 9, 17 (1st Cir.2003). An action is moot if one of the parties loses a cognizable interest in the suit. Gulf of Me. Fishermen’s Alliance v. Daley, 292 F.3d 84, 87 (1st Cir.2002).

In this case, the question of mootness turns on whether judicial estoppel should be invoked against Cadle. If Cadle is held to its prior representations, that it owned the debts in full, then Cadle cannot assert now that it is acting as an agent in this suit. In that case Cadle would have to be a plaintiff in its own right, which it cannot be, because its own interest in this action was sold. Because we have already decided that Atlanta was properly prevented from intervening, that would leave this case with no plaintiffs with claims against any of the defendants. So we turn our attention to the application of judicial es- *22 toppel. Judicial estoppel is a doctrine that precludes a party from asserting a position contrary to a position it has already asserted. Patriot Cinemas, Inc. v. Gen. Cinema Corp., 834 F.2d 208, 212 (1st Cir.1987). On August 23, 2002, Cadle made crucial representations to the District Court when its standing to enforce the debts was challenged. In arguing that it had the right to enforce the note, Cadle said:

[T]he note and security interests were bought by the Cadle Company. They were assigned to the Cadle Company by the FDIC. And there has never been any writing that has ever transferred that ownership interest in the notes and the security interest to anyone else.
* * *
There is a business understanding between Atlanta Joint Venture and its general partner [Cadle] as to how the proceeds of the litigation are going to be decided. That doesn’t change who is the titled owner of the note [and] the security interests.
* * *
So the Cadle Company is the real party in interest here. It owns the note.

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Bluebook (online)
338 F.3d 19, 2003 U.S. App. LEXIS 15252, 2003 WL 21756621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cadle-company-v-schlichtmann-ca1-2003.