Robinson v. Eng

148 F.R.D. 635, 1993 U.S. Dist. LEXIS 11339, 1993 WL 179294
CourtDistrict Court, D. Nebraska
DecidedFebruary 24, 1993
DocketNo. 4:CV92-3268
StatusPublished
Cited by18 cases

This text of 148 F.R.D. 635 (Robinson v. Eng) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Eng, 148 F.R.D. 635, 1993 U.S. Dist. LEXIS 11339, 1993 WL 179294 (D. Neb. 1993).

Opinion

[637]*637MEMORANDUM AND ORDER

PIESTER, United States Magistrate Judge.

Assigned to me by the trial judge are the pending motions for sanctions filed by various defendants in this action. (Filings 5, 7, 9, 42 and 46). For reasons stated more fully below, I shall grant the motions.

I. Background

Plaintiff filed this pro se civil rights action on July 29, 1992 (filing 1). The original complaint suffered from a number of deficiencies. Specifically, the allegations of the complaint were so disjointed and obscure that the complaint failed to comply with Rule 8 of the Federal Rules of Civil Procedure. Moreover, the allegations with respect to each of the named defendants were fatally flawed. Without exception, the defendants named either were not proper defendants in an action brought pursuant to 42 U.S.C. § 1983, there were no allegations suggesting they were proper defendants in a § 1983 action, or there were no allegations suggesting this court could exercise personal jurisdiction over them. See filing 2. Plaintiff was given leave to file an amended complaint in which to, if possible, remedy the noted deficiencies.

Although plaintiffs amended complaint (filing 33) failed to cure the noted deficiencies with respect to the named defendants, the overall nature of his claim became more apparent. The allegations of the amended complaint centered around a child custody battle between plaintiff and his former wife, defendant Ilse Eng (Ilse). The complaint indicated that Ilse had been granted custody of their daughter by a New York court following their divorce. Ilse, with permission of the court, moved with their daughter first to Vermont and then to California. Plaintiff evidently made numerous attempts in New York and California to win custody of his daughter, and although he obtained temporary custody on two occasions, his attempts at securing permanent custody of the child have been unsuccessful.

As with the original complaint, the amended complaint was filed against most of the states, courts, attorneys and individuals who have been involved over the years in some aspect of the on-going custody dispute. Because the amended complaint failed to remedy the noted deficiencies with respect to the named defendants, I recommended the action be dismissed as against all defendants. (Filing 48). The recommendation of dismissal was adopted, and the action dismissed by the trial judge on November 20, 1992. (Filing 50) . Plaintiff has appealed the dismissal. (Filing 51).

While the action was pending in this court, various defendants filed, inter alia, motions requesting sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure. (Filings 5, 7, 9, 42 and 46). These pending motions were not addressed in the judgment of dismissal, and have not yet been considered by this court.

II. District Court’s Jurisdiction to Dispose of Motions for Sanctions

Following the judgment of dismissal, plaintiff filed a timely notice of appeal (filing 51) . Although the effective filing of a notice of appeal generally transfers jurisdiction from the district court to the court of appeals with respect to all matters involved in the appeal, see Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982) (per curiam), plaintiffs decision to appeal the dismissal of his § 1983 action did not divest this court of jurisdiction to consider and dispose of the pending motions for Rule 11 sanctions.

I note initially that motions requesting Rule 11 sanctions present issues collateral to the merits of the underlying action:

Like the imposition of costs, attorney’s fees, and contempt sanctions, the imposition of a Rule 11 sanction is not a judgment on the merits of an action. Rather, it requires the determination of a collateral issue: whether the attorney [or party] has abused the judicial process, and, if so, what sanction would be appropriate. Such a determination may be made after the principal suit has been terminated.

Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d [638]*638359 (1990). Accord Willy v. Coastal Corp., — U.S.-,-, 112 S.Ct. 1076, 1080, 117 L.Ed.2d 280 (1992) (because Rule 11 sanctions are collateral, district court may impose such sanctions in a case where it is later determined the district court was without subject matter jurisdiction); Lupo v. R. Rowland and Co., 857 F.2d 482, 485 (8th Cir. 1988) (like motion for attorney fees, Rule 11 motion raises a collateral and independent issue not integral to the merits of an action), cert. denied, 490 U.S. 1081, 109 S.Ct. 2101, 104 L.Ed.2d 662 (1989).

A number of circuit courts, including the Eighth Circuit, have held that a district court retains jurisdiction over “collateral” matters, such as motions requesting Rule 11 sanctions and motions requesting attorney’s fees, even though final judgment on the underlying action has been entered and is pending on appeal. See, e.g., Regional Refuse Systems v. Inland Reclamation Co., 842 F.2d 150,156 (6th Cir.1988) (district court retains jurisdiction to decide pending Rule 11 motion while appellate court is considering the dismissal of the action on appeal); United Energy Owners Comm., Inc. v. United States Energy Management Sys., Inc., 837 F.2d 356, 358 (9th Cir.1988) (district court retains jurisdiction to impose Rule 11 sanctions even though plaintiffs appeal from judgment of dismissal is pending); Garcia v. Burlington Northern R.R. Co., 818 F.2d 713, 721 (10th Cir.1987) (even after timely notice of appeal is filed, district court retains jurisdiction to determine collateral matters such as propriety and amount of attorney’s fees); Langhamr-Hill Petroleum Inc. v. Southern Fuels Co., 813 F.2d 1327, 1328-29 (4th Cir.) (district court has jurisdiction to award Rule 11 sanctions after notice of appeal had been filed), cert. denied, 484 U.S. 829, 108 S.Ct. 99, 98 L.Ed.2d 60 (1987); Thomas v. Capital Sec.

Serv. Inc., 812 F.2d 984, 987 (5th Cir.1987) (district court retains jurisdiction to resolve a motion for attorney’s fees or Rule 11 sanctions even while appeal on merits of action is pending in court of appeals); Masalosalo v. Stonewall Ins. Co., 718 F.2d 955

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Cite This Page — Counsel Stack

Bluebook (online)
148 F.R.D. 635, 1993 U.S. Dist. LEXIS 11339, 1993 WL 179294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-eng-ned-1993.