Wilkinson v. Federal Bureau of Investigation

922 F.2d 555, 91 Daily Journal DAR 276, 18 Fed. R. Serv. 3d 825, 91 Cal. Daily Op. Serv. 283, 1991 U.S. App. LEXIS 68, 1991 WL 489
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 7, 1991
DocketCiv. A. No. 89-55122
StatusPublished
Cited by14 cases

This text of 922 F.2d 555 (Wilkinson v. Federal Bureau of Investigation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkinson v. Federal Bureau of Investigation, 922 F.2d 555, 91 Daily Journal DAR 276, 18 Fed. R. Serv. 3d 825, 91 Cal. Daily Op. Serv. 283, 1991 U.S. App. LEXIS 68, 1991 WL 489 (9th Cir. 1991).

Opinion

DAVID A. EZRA, District Judge:

INTRODUCTION

Frank Wilkinson and the National Committee Against Repressive Legislation (“Appellants”) appeal the district court’s order of December 28, 1988 denying their motion to compel further production of documents. Finding that this court has jurisdiction over the matter and that the district court did not abuse its discretion in denying the motion, we affirm.

BACKGROUND

The underlying dispute in this case began a decade ago, when appellants sued [557]*557the FBI and various other federal agencies and officials ("Appellees") asserting state and federal constitutional and statutory claims. The basis for these claims was appellants' assertion that the FBI had wrongfully investigated and disrupted their legitimate political activities. Pursuant to a series of discovery stipulations, the district court entered final judgment and dismissed the last of appellants' claims on May 13, 1988.

These stipulations, the terms of which comprise the parties' settlement agreement, provided for the release of all claims against appellees in exchange for their production of thousands of pages of documents. Appellees made claims of privilege with respect to many of these documents. Accordingly, the court evaluated the propriety of the claims of privilege pursuant to a sample procedure agreed to by the parties in a Stipulation and Order entered January 26, 1984. This procedure required appellees to produce an unredact-ed "representative sample of documents embodying the privileged material." The district court would then decide whether the sample contained legitimate assertions of privilege entitling appellees to redact portions of the documents before surrendering them to appellants.

On July 14, 1988, appellants filed their Motion to Compel Further Production of Documents, alleging appellees had improperly redacted some 43,600 pages of documents. The redactions, appellants claimed, were either unexplained or were based on erroneous assertions of the state secrets and informant confidentiality privileges. Appellants requested the district court conduct a line-by-line examination of the redacted material to determine the legitimacy of each deletion. They now appeal the district court's denial of that motion.

DISCUSSION

A. Subject Matter Jurisdiction

Appellees have raised repeatedly, both here and below, the issue of subject matter jurisdiction. Because our ability to reach the merits of this appeal depends on the existence of jurisdiction, we address this issue preliminarily.

Appellees contend the district court lacked subject matter jurisdiction because appellants' motion was not timely. They further urge that this court lacks jurisdiction because the order appealed from was not final. We reject both of these arguments.

1. The District Court's Jurisdiction

Characterizing appellants' request for production as a discovery motion, appel-lees contend it should have been brought within ten days of the entry of final judgment on May 13, 1988. The motion was not filed until July 14, 1988.

Appellees' argument is without merit. District courts have the inherent power to enforce settlement agreements. In re Suchy, 786 F.2d 900, 902-03 (9th Cir.1985); In re Springpark Assoc., 623 F.2d 1377, 1380 (9th Cir.) (superseded on other grounds by statute, as stated in In re Villa Madrid, 110 B.R. 919, 922 n. 3 (9th Cir. BAP.1990)), cert. denied, 449 U.S. 956, 101 S.Ct. 364, 66 L.Ed.2d 221 (1980). The substance of appellants' Memorandum in Support of the Motion to Compel Production makes clear they sought enforcement of the terms of the settlement agreement as embodied in various stipulations. Thus, their motion was not a "discovery" motion in the usual sense. Accordingly, the district court had jurisdiction to decide the motion, under its inherent supervisory power.

2. This Court's Jurisdiction

Appellees argued unsuccessfully to a motions panel that this court lacks jurisdiction because the order appealed from is not final. The motions panel rejected that argument in its order filed July 31, 1989, and we do likewise. While we take cognizance of the motions panel's decision, this merits panel has an independent obligation to determine whether jurisdiction exists. Schiegel v. Bebout, 841 F.2d 937, 941 (9th Cir.1988). We find that the De[558]*558cember 1988 order was appealable and that this court has jurisdiction.

Although technically not a “discovery” motion, as indicated above, appellants’ request to compel was analogous to such a motion. Thus, for purposes of determining whether this court has jurisdiction, we look to cases discussing ordinary discovery motions.

This circuit has not yet decided expressly whether the denial of a post-judgment motion to compel production of documents, brought to enforce a settlement agreement, is final and appealable.1 The Eleventh Circuit has found that orders granting post-judgment discovery are generally not ap-pealable as final judgments. See Rouse Constr. Int’l, Inc. v. Rouse Constr. Corp., 680 F.2d 743, 746 (11th Cir.1982). The reason is that the party opposing the motion can refuse to comply and challenge the order on appeal from a contempt citation. See In re Grand Jury Subpoena (Niren), 784 F.2d 939, 941 (9th Cir.1986) (citing United States v. Ryan, 402 U.S. 530, 533, 91 S.Ct. 1580, 1582, 29 L.Ed.2d 85 (1971)); In re Nat’l Mortgage Equity Corp. Mortgage Pool Certificates Litig., 821 F.2d 1422, 1423 (9th Cir.1987) (discussing prejudgment order compelling discovery).

By contrast, a litigant dissatisfied with an order denying post-judgment discovery cannot rely on the contempt process to provide an opportunity for appeal. Rouse, 680 F.2d at 746. Accordingly, an order denying discovery in aid of execution is an appealable final order. Fehlhaber v. Fehlhaber, 664 F.2d 260, 262 (11th Cir.1981) (citing United States v. McWhirter, 376 F.2d 102, 104-05 (5th Cir.1967). Similarly, where the litigation is in the district court solely for the purpose of deciding a discovery motion, the court’s disposition of the motion is an appealable final judgment. In re Multi-Piece Rim Prod. Liab. Litig., 653 F.2d 671, 676 (D.C.Cir.1981). This circuit has recognized that a pre-judgment order denying a plaintiff’s right to documents under the Freedom of Information Act, the Act under which plaintiffs originally sued defendants in this case, is an ap-pealable final judgment. See In re Steele, 799 F.2d 461, 464 (9th Cir.1986) (citing with approval Green v. Department of Commerce,

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
922 F.2d 555, 91 Daily Journal DAR 276, 18 Fed. R. Serv. 3d 825, 91 Cal. Daily Op. Serv. 283, 1991 U.S. App. LEXIS 68, 1991 WL 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkinson-v-federal-bureau-of-investigation-ca9-1991.