Feeney v. AT & E, Inc.

472 F.3d 560, 2006 WL 3820172
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 29, 2006
DocketNo. 06-1500
StatusPublished
Cited by19 cases

This text of 472 F.3d 560 (Feeney v. AT & E, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Feeney v. AT & E, Inc., 472 F.3d 560, 2006 WL 3820172 (8th Cir. 2006).

Opinion

COLLOTON, Circuit Judge.

In the fall of 2004, Kenneth Mitán reached an agreement with Doug and Doreen Feeney to buy the Feeneys’ company, Prime-Line, Inc. Under the stock purchase agreement, Mitan’s company, AT & E, Inc., purchased from the Feeneys all 300 outstanding shares of Prime-Line stock. When Mitán failed to make certain payments required by the agreement, the Feeneys filed an action against Mitán in the district court, claiming fraud in the inducement, conversion, and breach of contract. The complaint sought relief in the form of an injunction preventing the defendants from “further conversions” of Prime-Line, Inc.’s funds, a judgment of rescission of the Stock Purchase Agreement, a declaratory judgment finding the Feeneys to be the owners of Prime-Line, Inc., and damages in excess of $170,000.

On November 16, 2005, the Feeneys filed a motion for summary judgment and properly served Mitán by mail. Mitán did not file a timely response. The district court then sent Mitán a letter extending the deadline, and warning that if Mitán did not respond, the court would grant the motion for summary judgment. Mitán made no reply to the motion, and on December 22, 2005, the court entered an order stating that because Mitán filed no response, the court would “assume that the motion is well-taken,” and granting the motion. The court then entered a judgment declaring that “[t]he Stock Purchase Agreement is rescinded and a declaratory judgment finding that Doug and Doreen Feeney are the sole-owners of Prime-Line, Inc. is GRANTED.” The court awarded no damages and entered no injunction against “further conversions” of Prime-Line’s funds.

On December 30, Mitán filed a motion to set aside the judgment under Federal Rule of Civil Procedure 60(b)(1), claiming that his failure to respond to the motion for summary judgment was due to problems in receiving mail. The district court concluded that the problems Mitán experienced with service of process were “caused by Defendant Mitan’s neglect in failing to regularly check his mail,” and denied the motion on that basis. The court summarily denied Mitan’s motion to reconsider, and Mitán appeals the two orders. We affirm the court’s decision insofar as it declined to set aside the declaratory judgment that the Feeneys are the sole owners of Prime-Line, Inc. We direct that the judgment be modified, however, to set aside the purported rescission of the Stock Purchase Agreement.

The district court’s grant of summary judgment was the functional equivalent of a default judgment against Mitán, because it granted judgment without discussing the merits of the claim, based solely on Mitan’s failure to reply. Federal Rule of Civil Procedure 60(b)(1) permits a district court to grant a defaulting party relief from judgment because of that party’s “mistake, inadvertence, surprise, or excusable neglect.” We review a district court’s ruling on a 60(b)(1) motion for abuse of discretion. Union Pacific R.R. Co. v. Progress Rail Servs. Corp., 256 F.3d 781, 782 (8th Cir.2001).

The determination of excusable neglect “is at bottom an equitable one, taking account of all relevant circumstances sur[563]*563rounding the party’s omission.” Pioneer Inv. Servs. Co. v. Brunswick Assoc. Ltd. P’ship, 507 U.S. 380, 395, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). The relevant circumstances include “the danger of prejudice to [the non-moving party], the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith.” Id. The existence of a meritorious defense is also a relevant factor. Union Pacific, 256 F.3d at 782-783; Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 784 (8th Cir.1998).

The district court’s analysis focused exclusively on the reason for Mitan’s default and concluded, correctly in our view, that Mitan’s failure to respond to the motion for summary judgment was due to his own neglect in failing to check his mail. When evaluating a motion to set aside a default judgment, however, courts must do more than simply determine whether the movant had a satisfactory reason for his neglect. Union Pacific, 256 F.3d at 783. The text of the rule, which provides that certain “neglect” will be “excusable,” contemplates that the courts are “permitted, where appropriate, to accept late filings caused by inadvertence, mistake, or carelessness.” Pioneer, 507 U.S. at 388, 113 S.Ct. 1489. "Whether the movant had a good reason for delay is a key factor in the analysis, Lowry v. McDonnell Douglas Corp., 211 F.3d 457, 463 (8th Cir.2000), but even without a satisfactory explanation, relief may be required where other equitable considerations weigh strongly in favor of setting aside the default judgment. Union Pacific, 256 F.3d at 783.

Although the district court’s analysis was truncated, we conclude that the court properly refused to set aside the declaratory judgment that the Feeneys are the sole owners of Prime-Line, Inc. The most important factor in the analysis — reason for delay — weighs heavily against Mitán. Although Mitán claims that his failure to respond to the motion for summary judgment was due to asserted misconduct by the Feeneys, who allegedly caused him to be jailed by pursuing criminal charges, Mitán admits he was released from jail long before the motion was pending before the district court. Furthermore, Mitán provides no satisfactory excuse for his failure to receive mail concerning this action. Due to his travel obligations, Mitán relied on a relative to check his mail with a private mailbox company, but when the company began to require written permission of the mailbox owner to gain access to the mail, Mitán failed to coordinate with his relative to make the necessary arrangements. His failure to make adequate plans to receive his mail for two months, at a time when he was a defendant in a pending legal proceeding, was careless to the point of indifference. Mitan’s indifference to logistical matters within his “reasonable control” weighs against him in the equitable balance. Pioneer, 507 U.S. at 395, 113 S.Ct. 1489.

Mitan’s late-filed response to the motion for summary judgment also failed to offer a meritorious defense to the court’s declaratory judgment. The closing of the stock purchase agreement between Mitán and the Feeneys was contingent upon Mitán making a cash down payment of $500,000, but it is undisputed that Mitán paid only $309,319.26. Mitán obtained the $309,319.26 through loan agreements with third parties, using Prime-Line’s accounts receivable as collateral. The parties dispute whether this leveraged buyout plan was permitted under the terms of Mitan’s agreement with the Feeneys, but even if so, the agreement hinged on Mitán making [564]*564the full payment. Without the down payment, there could be no closing and no transfer of Prime-Line stock to Mitán.

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472 F.3d 560, 2006 WL 3820172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feeney-v-at-e-inc-ca8-2006.