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Nick v. Morgan's Foods, Inc.

Nick v. Morgan's Foods, Inc.

United States Court of Appeals for the Eighth Circuit

April 11, 2001, Submitted ; November 5, 2001, Filed

No. 00-2776

Opinion

 [*592]  McMILLIAN, Circuit Judge.

Morgan's Foods, Inc., (appellant) appeals from a final order entered in the District Court 1 for the Eastern District of Missouri denying appellant's motion to reconsider sanctions imposed against it and its outside counsel for failure to participate in good faith in court-ordered alternate dispute resolution (ADR) and imposing additional sanctions for vexatiously increasing the costs of litigation. See  Nick v. Morgan's Foods, Inc., 99 F. Supp. 2d 1056, 1057 (E. D. Mo. 2000) (memorandum and order) (Morgan's Foods, Inc.). Appellant is represented on appeal by its chief in-house counsel. Appellant's outside counsel is not a party to this appeal and does not represent appellant in this appeal. For reversal appellant argues that the district court abused its discretion by [**2]  sanctioning appellant because (1) the sanction was not authorized under Fed. R. Civ. P. 16(f) or the inherent power doctrine; (2) fines payable to the court are not available under Fed. R. Civ. P. 16(f); and (3) the uncontroverted facts establish that appellant's outside counsel was solely responsible for violating the court order and failing to participate in good faith in ADR. For the reasons discussed below, we hold that the district court acted within its discretion and we therefore affirm the district court's order denying the motion for reconsideration and imposing additional sanctions.

Jurisdiction was proper in the district court based on 28 U.S.C. §§1331, 1343.  [*593]  Jurisdiction is proper in this Court based upon 28 U.S.C. § 1291 and the collateral order doctrine. Appellant filed a timely notice of appeal under Fed. R. App. P. 4(a)(1)(A).

FACTS

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270 F.3d 590 *; 2001 U.S. App. LEXIS 23895 **; 87 Fair Empl. Prac. Cas. (BNA) 344; 81 Empl. Prac. Dec. (CCH) P40,819; 50 Fed. R. Serv. 3d (Callaghan) 1311

Gee Gee Nick, Appellee, v. Morgan's Foods, Inc., doing business as Kentucky Fried Chicken; Morgan's Foods of Missouri, Inc., Appellants.

Prior History:  [**1]  Appeal from the United States District Court for the Eastern District of Missouri.

Nick v. Morgan's Foods, Inc., 99 F. Supp. 2d 1056, 2000 U.S. Dist. LEXIS 8174 (E.D. Mo. 2000) 

Disposition: Affirmed.

CORE TERMS

district court, sanctions, mediation, outside counsel, memorandum, good faith, settlement, corporate representative, reconsideration, attend, parties, fine, litigation costs, noncompliance, vexatiously, pretrial, argues

Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Sanctions, Misconduct & Unethical Behavior, General Overview, Pretrial Matters, Conferences, Pretrial Conferences, Pretrial Sanctions, Pretrial Orders, Judicial Officers, Judges, Discretionary Powers, Governments, Courts, Rule Application & Interpretation, Attorneys, Business & Corporate Compliance, Alternative Dispute Resolution, Mandatory ADR, Clerks of Court, Torts, Malpractice & Professional Liability, Attorneys