Woodfork v. Gavin

105 F.R.D. 100, 1 Fed. R. Serv. 3d 209, 1985 U.S. Dist. LEXIS 22101
CourtDistrict Court, N.D. Mississippi
DecidedMarch 4, 1985
DocketNo. DC83-186-NB-O
StatusPublished
Cited by33 cases

This text of 105 F.R.D. 100 (Woodfork v. Gavin) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodfork v. Gavin, 105 F.R.D. 100, 1 Fed. R. Serv. 3d 209, 1985 U.S. Dist. LEXIS 22101 (N.D. Miss. 1985).

Opinion

MEMORANDUM OPINION

BIGGERS, District Judge.

This cause came before the court for oral argument on the motion of the defendants Russell Patrick Gavin (Gavin) and Leasko Truck Trailer Company (Leasko) to dismiss the complaint in this cause and on the motion of the intervenor Holcomb, Dunbar, Connell, Chaffin & Willard, a legal professional association, for sanctions against the plaintiff’s attorneys pursuant to both Fed.R.Civ.P. 11 and 28 U.S.C. § 1927 (Supp. 1984). Following this hearing, the court ruled in favor of the defendants’ motion to dismiss, and took under advisement the [102]*102motion of the intervenor for sanctions. Having requested proposed findings of fact and conclusions of law, having considered the same, and being fully advised in the premises, the court is now in a position to rule on the motion of the intervenor for sanctions.

FINDINGS OF FACT

William Willard, an attorney and partner in the intervenor law firm, was employed on August 2, 1983, to prepare a wrongful death claim on behalf of certain beneficiaries of Grover Woodfork. In the belief that another wrongful death beneficiary might attempt to file suit, Mr. Willard directed an associate,in.his firm, Edward A. Moss, to prepare a complaint oh' behalf of {the firm'.

Accordingly, Mr. Moss prepared a complaint which was hand delivered by his secretary on Friday afternoon, August 5, 1983, to Deputy Circuit Clerk Cynthia Moore in the office of the Circuit Clerk of Coahoma County in Clarksdale, Mississippi. After marking the complaint filed, Ms. Moore handed the document to Barbara Turner, Chief Deputy Clerk, who routinely noted the document as filed on August 5, 1983, 4:15 p.m. After filing, the complaint remained undocketed until the following Tuesday, August 9,1983, when it was docketed in the record books and process was issued according to routine office procedures.

On Monday morning, August 8, 1983, Mr. Johnnie E. Walls, one of the attorneys for the plaintiff, came to the office of the Circuit Clerk of Coahoma County, Mississippi, to determine whether a wrongful death claim had been filed in state court on behalf of any Woodfork beneficiaries.1 Mr. Walls necessarily found no docket entry for the August 5, 1983 complaint, inasmuch as this complaint and two other unrelated complaints filed during the previous week had not been docketed at that time. However, Mr. Walls recognized the legal necessity of inquiry regarding filed but undock-eted complaints in order to fully ascertain the existence of a pending suit.

There is a sharp conflict between the testimony of Mr. Walls and Chief Deputy Clerk Turner regarding further events of the morning of August 8, 1983. Mr. Walls testified that at approximately 8:30 a.m. he personally questioned Mrs. Turner regarding filed but undocketed complaints, and that Mrs. Turner responded that there were none. In contrast, Mrs. Turner stated that she was primarily in the courtroom on the morning of August 8, that she did not see Mr. Walls on that morning, and that Mr. Walls made no inquiry of her about undocketed complaints being filed. Mrs. Turner’s testimony is indirectly supported by Circuit Clerk Walter Rogers. Mr. Rogers was not at the courthouse on August 8 due to illness; however, he testified that his absence would cause Mrs. Turner to assume his normal responsibilities. The record reflects that an unusually large number of potential jurors had been summoned for 8:30 that morning. Thus, an employee from the clerk’s office necessarily would have been in the courtroom around that time to prepare the jury for qualification.

The court perceives no reason for Barbara Turner to misrepresent the existence of the filed complaint to Mr. Walls, especially inasmuch as two other unrelated lawsuits were also undocketed on Monday morning. It is readily apparent that there was either a misunderstanding by Mr. Walls or a lack of proper inquiry and investigation on his part to determine the existence of undocketed complaints.

The present suit was filed in this federal court by Mr. Walls on August 8,1983. Mr. Walls testified that he learned several months thereafter of the wrongful death [103]*103suit filed in state court, which cause would receive priority under Miss.Code Ann. § 11-7-13 due to its earlier filing date of August 5, 1983. Upon learning of the unexpected conflict in suits, Mr. Walls sought no explanation from representatives of either the Circuit Clerk’s office or the inter-venor’s law firm, nor did he conduct any additional investigation. Rather, Mr. Walls testified that he did nothing until he received a telephone call in the latter part of February, 1984 from Mr. Willard, who only then had learned of the federal lawsuit in issue. Thereafter, Mr. Walls contacted Mrs. Turner by telephone for an explanation. Mr. Walls further testified, however, that Mrs. Turner recalled only that he was in her office, but had no recollection of a conversation regarding filed but undoeket-ed complaints.

With no additional information or corroborating evidence, Mr. Walls and Mr. Robert E. Buck, partners in the law firm of Walls, Buck & Irving, Ltd., deliberately responded to the defendants’ subsequent motion to dismiss in the present case by alleging that the August 5, 1983 complaint in state court was not filed prior to this cause, but was the result of “fraud, collusion, misrepresentation, and an alteration of court records,” i.e., that the complaint was filed after August 8 and backdated to reflect an incorrect filing date. Mr. Walls understood at that time that the standard of proof in a fraud allegation is clear and convincing evidence. This response to the motion to dismiss was signed by Mr. Buck and filed on March 26, 1984 in the public records of this court.

The only persons who could have been involved in the alleged misconduct were employees of the circuit clerk’s office and members of the intervenor law firm. Thus, the reasonable and logical inferences of the allegations in the plaintiffs response to the motion to dismiss are that these persons were implicated by the plaintiff’s attorneys.

The depositions of Mr. Rogers, Mrs. Turner, Mr. Willard, and Mr. Moss were taken by the plaintiff’s attorneys on June 11, 1984. At that time, all records of the circuit clerk’s office were made available to the plaintiff’s attorneys, as were records of the intervenor law firm reflecting checks and journal entries pertaining to the cost deposit checks that accompanied the complaint on August 5, 1983. At the conclusion of these depositions, Mr. Dunbar of the intervenor law firm acknowledged a possible misunderstanding by the plaintiff’s attorneys. However, Mr. Dunbar in effect asked the plaintiff’s attorneys to reconsider their allegations of fraud in view of the evidence available to all the parties; furthermore, he stated on record that the intervenor law firm would be willing to accept the apology of the plaintiff’s attorneys and a retraction of the charges of fraud, so as to dismiss and conclude the entire controversy. Instead, the plaintiff’s attorneys refused to view the available evidence as a sufficient explanation for their suspicions and persisted in their position that the filing date of August 5, 1983 resulted from fraud, collusion and alteration of public records.

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Bluebook (online)
105 F.R.D. 100, 1 Fed. R. Serv. 3d 209, 1985 U.S. Dist. LEXIS 22101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodfork-v-gavin-msnd-1985.