Yvett Smith v. Atlanta Postal Credit Union

350 F. App'x 347
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 28, 2009
Docket09-12060
StatusUnpublished
Cited by13 cases

This text of 350 F. App'x 347 (Yvett Smith v. Atlanta Postal Credit Union) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yvett Smith v. Atlanta Postal Credit Union, 350 F. App'x 347 (11th Cir. 2009).

Opinion

PER CURIAM:

Yvett Smith appeals the district court’s order denying her motion for recusal, granting in part defendant-appellee, Atlanta Postal Credit Union’s (APCU), motion for attorney’s fees, and granting APCU’s motion to dismiss the action with prejudice. 1 Following a brief recitation of the facts, we address each of these issues in turn.

I. BACKGROUND

Smith, proceeding pro se, filed suit against APCU seeking $10 million in damages for alleged employment discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. § 12112. After Smith refused to sign a form authorizing the release of her medical records and provided inadequate responses to APCU’s initial discovery requests, APCU moved the court for an order to show cause or, in the alternative, an award of attorney’s fees associated with bringing the motion. The court declined to issue an order to show cause, but it did order Smith to sign the medical release form, respond fully to APCU’s discovery requests, and reimburse APCU for expenses reasonably incurred in making the motion. 2 In its order, dated July 1, 2008, the court found Smith’s repeated noncompliance with the Federal Rules of Civil Procedure and the applicable Local Rules to be without substantial justification, and it warned her that failure to comply with the order would result in sanctions that could include the dismissal of her lawsuit.

Four weeks later, APCU filed a motion to dismiss the action with prejudice pursuant to Federal Rules of Civil Procedure 37(b)(2) and 41(b). APCU alleged that although Smith had finally authorized the release of her medical records, she had not properly responded to its discovery requests by the deadlines established in the district court’s July 1 order.

While APCU’s motion to dismiss was pending, Smith filed a motion to “remove” the judge from her case. She argued that the judge’s previous rulings in APCU’s favor and the court’s delays in responding to her motions demonstrated bias against her and warranted the assignment of a new judge.

The district court issued its final order on March 19, 2009. The court construed Smith’s motion to remove the judge as a motion for recusal under 28 U.S.C. § 455 and denied it on the ground that adverse rulings and delays did not constitute bias. The court also awarded APCU $3,880 for attorney’s fees it had incurred in bringing its motion to show cause. Finally, after finding that Smith had willfully failed to comply with her discovery obligations, the procedural rules applicable to her case, and the district court’s order of July 1, 2008, the court granted APCU’s motion to dismiss with prejudice. This appeal followed.

*349 II. RECUSAL

We review the district court’s refusal to recuse for abuse of discretion. Gwynn v. Walker (In re Walker), 532 F.3d 1304, 1308 (11th Cir.2008). A “judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). Generally, only personal bias stemming from extrajudicial sources is sufficient to disqualify a judge. See 28 U.S.C. §§ 144, 455(b)(1); Hamm v. Members of Bd. of Regents, 708 F.2d 647, 651 (11th Cir.1983). An exception exists for judicial conduct demonstrating “such pervasive bias and prejudice that it constitutes bias against a party,” but neither “rulings adverse to a party, nor friction between the court and counsel constitute[s] pervasive bias.” Hamm, 708 F.2d at 651 (citations omitted). On the contrary, “the standard is whether an objective, fully informed lay observer would entertain significant doubt about the judge’s impartiality.” Christo v. Padgett, 223 F.3d 1324, 1333 (11th Cir.2000).

Smith argues that the district court abused its discretion by denying her motion for recusal. She alleges that the judge acted as an attorney for the defense when he granted APCU’s motions and denied hers. She also claims that the judge acted maliciously in refusing to recuse himself and in dismissing her case after she questioned his impartiality. She has failed, however, to state specific facts that would establish personal or pervasive bias. Rulings against one party in favor of another, without more, do not require a judge to disqualify himself, Hamm, 708 F.2d at 651, and Smith has not alleged any facts that would lead a reasonable and objective observer to question the district court judge’s impartiality. The district court, therefore, did not abuse its discretion in denying the motion for recusal.

III. ATTORNEY’S FEES

We review the imposition of sanctions under Rule 37 for an abuse of discretion. Serra Chevrolet, Inc. v. Gen. Motors Corp., 446 F.3d 1137, 1146-47 (11th Cir.2006). We likewise review an award of attorney’s fees for abuse of discretion. Bivins v. Wrap It Up, Inc., 548 F.3d 1348, 1351 (11th Cir.2008).

Smith contests the district court’s award of attorney’s fees on the grounds that they were excessive and that the associate who worked on APCU’s motion to show cause did not enter an appearance in the ease until after the motion had been filed. She also argues that the district court should have made a finding of bad faith before imposing sanctions.

The district court in this case calculated APCU’s attorney’s fees using the lodestar method, multiplying defense counsel’s reasonable hours by a reasonable hourly rate. In determining the reasonable rate, the district court properly considered “the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.” Norman v. Housing Authority, 836 F.2d 1292, 1299 (11th Cir.1988). The court also excluded from APCU’s initial fee calculation any “hours that were not reasonably expended,” Hensley v. Eckerhart, 461 U.S. 424, 434, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) (citation and quotation marks omitted), subtracting 2.5 hours from the time entries submitted by defense counsel.

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350 F. App'x 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yvett-smith-v-atlanta-postal-credit-union-ca11-2009.