Ranasinghe v. Kennell
This text of Ranasinghe v. Kennell (Ranasinghe v. Kennell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
17‐564‐cv Ranasinghe v. Kennell
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007 IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 9th day of April, two thousand eighteen.
PRESENT: GUIDO CALABRESI, DENNY CHIN, SUSAN L. CARNEY, Circuit Judges. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x
PREMALAL RANASINGHE, Plaintiff‐Appellant,
v. 17‐564‐cv
PATRICK M. KENNELL, GREAT WEST CASUALTY COMPANY, KAUFMAN DOLOWICH & VOLUCK, LLP, NELSON BROWN & CO., a/k/a NELSON BROWN HAMILTON & KREKSTEIN, LLC, JOSEPH J. POPOLIZIO, AND JONES, SKELTON & HOCHULI, P.L.C., Defendants‐Appellees.
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FOR PLAINTIFF‐APPELLANT: PREMALAL RANASINGHE, Pro Se, Staten Island, New York.
FOR DEFENDANTS‐APPELLEES PATRICK M. KENNELL, GREAT WEST CASUALTY CO., KAUFMAN DOLOWICH & VOLUCK, LLP, NELSON BROWN & CO. a/k/a NELSON BROWN HAMILTON & KREKSTEIN, LLC: PATRICK M. KENNELL, Kaufman Dolowich & Voluck, LLP, New York, New York.
FOR DEFENDANTS‐APPELLEES JOSEPH J. POPOLIZIO AND JONES, SKELTON & HOCHULI, P.L.C.: JUSTIN M. VOGEL, Matthew W. Bauer, Justin M. Vogel, Connell Foley LLP, Newark, New Jersey.
Appeal from the United States District Court for the Southern District of
New York (Furman, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Plaintiff‐appellant Premalal Ranasinghe, proceeding pro se, appeals the
district court's judgment, entered January 26, 2017, dismissing his third amended
complaint (the "Complaint") and imposing a filing injunction. Ranasinghe sued
defendant‐appellee Great West Casualty Company, an insurance company, and a
number of attorneys who had represented it in prior litigation. In an opinion and order
filed on January 25, 2017, the district court dismissed his claims as duplicative of an
action then pending in the United States Court of Appeals for the Ninth Circuit,
‐ 2 ‐ Ranasinghe v. Great W. Cas. Co., 688 F. App’x. 468 (9th Cir. 2017) ("Ranasinghe I"), and as
barred by res judicata and collateral estoppel. The District of Arizona granted summary
judgment dismissing Ranasinghe's claims in January 2015 and awarded Great West
attorneys' fees of $234,498.70 in March 2015. The Ninth Circuit appeal was pending
when the district court ruled here, but on April 20, 2017, the Ninth Circuit affirmed.
Ranasinghe I. We assume the parties' familiarity with the underlying facts, the
procedural history of the case, and the issues on appeal.
We review the dismissal of a case as duplicative for abuse of discretion,
Curtis v. Citibank, N.A., 226 F.3d 133, 138 (2d Cir. 2000), and review the district court's
res judicata and collateral estoppel rulings de novo, Brown Media Corp. v. K&L Gates,
LLP, 854 F.3d 150, 157 (2d Cir. 2017) (res judicata); M.O.C.H.A. Soc'y, Inc. v. City of
Buffalo, 689 F.3d 263, 284 (2d Cir. 2012) (collateral estoppel).
Ranasinghe's claims are barred by collateral estoppel. Because Ranasinghe
I was filed in the Arizona district court pursuant to diversity jurisdiction, the estoppel
question is governed by Arizona law. See Semtek Int'l Inc. v. Lockheed Martin Corp., 531
U.S. 497, 508 (2001) (when a federal court exercising diversity jurisdiction dismisses a
case on the merits, the preclusive effect of its decision is determined by "the law that
would be applied by the state courts in the State in which the federal diversity court
sits"). Under Arizona law, collateral estoppel applies "when the issue or fact to be
litigated was actually litigated in a previous suit, a final judgment was entered, and the
‐ 3 ‐ party against whom the doctrine is to be invoked had a full opportunity to litigate the
matter and actually did litigate it, provided such issue or fact was essential to the prior
judgment. " Chaney Bldg. Co. v. City of Tucson, 716 P.2d 28, 30 (Ariz. 1986). Each of those
elements has been met.
Ranasinghe's claims here are based on the same allegations that he
litigated in Ranasinghe I: whether an application for attorney's fees was based on false
time records, whether summary judgment evidence was fraudulent, and whether the
defendants breached a contract with him. Ranasinghe argues that he did not have the
opportunity to litigate whether the summary judgment evidence was fraudulent in
Ranasinghe I because part of his argument was based on an affidavit which was filed in
support of the attorney's fees motion, and thus after the summary judgment motion had
been decided. Ranasinghe, however, appealed the fee award and raised the same
argument he raised in this litigation in his appellate brief in the Ninth Circuit.
Specifically, he argued that because the affidavit contradicted the summary judgment
evidence, the defendants had committed fraud and summary judgment should be
vacated. Accordingly, Ranasinghe both had an opportunity to litigate, and did in fact
litigate, each of the issues raised in his complaint. See id. ("When an issue is properly
raised by the pleadings or otherwise, and is submitted for determination, and is
determined, the issue is actually litigated. "); Irby Constr. Co. v. Arizona Dep’t of Revenue,
907 P.2d 74, 77 (Ariz. Ct. App. 1995) (examining the parties' motion papers to determine
‐ 4 ‐ if issue was actually litigated). Because Ranasinghe's claims were properly dismissed as
barred by collateral estoppel, it is not necessary to consider the district court's res
judicata ruling, or the court’s dismissal of Ranasinghe’s claims as duplicative.
Finally, we review the imposition of the filing injunction for abuse of
discretion. See Wilson v. Citigroup, N.A., 702 F.3d 720, 723 (2d Cir. 2012). The district
court did not abuse its discretion here. It considered the relevant factors, and
Ranasinghe was given notice and an opportunity to be heard. See Moates v. Barkley, 147
F.3d 207, 208 (2d Cir. 1998) ("The unequivocal rule in this circuit is that the district court
may not impose a filing injunction on a litigant sua sponte without providing the litigant
with notice and an opportunity to be heard.").
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