Opinion

Lincoln Memorial Academy v. School District of Manatee County, Florida

Court
District Court, M.D. Florida
Filed
Feb 19, 2021
Cited by
0 cases
Authority
More cited than 19.8%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

LINCOLN MEMORIAL ACADEMY;

EDDIE HUNDLEY; MELVIA SCOTT;

JAUANA PHILLIPS; KATRINA ROSS;

and ANGELLA ENRISMA,

Plaintiffs,

v. Case No.: 8:20-cv-309-CEH-AAS

STATE OF FLORIDA, DEPARTMENT

OF EDUCATION; SCHOOL BOARD

OF MANATEE COUNTY, FLORIDA;

and THE CITY OF PALMETTO,

Defendants.

_____________________________________/

ORDER

Plaintiffs Lincoln Memorial Academy (LMA), Eddie Hundley, Juana

Phillips, Katrina Ross, and Angella Enrisma (collectively, the plaintiffs) moved

for sanctions and attorney’s fees against Attorney Erin G. Jackson. (Doc. 141).

Attorney Jackson represents Defendant the School Board of Manatee County,

Florida (the School Board) and opposes the motion. (Doc. 154).

I. BACKGROUND

On February 2020, the plaintiffs sued the School Board, and other

defendants, alleging civil right violations. (Doc. 1). The plaintiffs amended

their compliant on March 9, 2020. (Doc. 6). The court entered a case

management and scheduling order, setting a mandatory initial disclosure

deadline of June 1, 2020 and a discovery deadline of December 4, 2020. (Doc.

29).

On June 10, 2020, the School Board served the plaintiffs with discovery

requests. (See Doc. 81-3). On June 23, 2020, the plaintiffs’ counsel Roderick O.

Ford, Esq., emailed Attorney Jackson and requested more time to complete the

plaintiffs’ Rule 26 disclosures. (Doc. 139-4, p. 23). On June 29, 2020, Attorney

Ford again emailed Attorney Jackson stating that he needed more time to

gather responses to discovery and Rule 26 disclosures.1 (Id. at p. 19). Attorney

Jackson conceded to limited extensions.

On July 22, 2020, Attorney Ford emailed Attorney Jackson requesting

that she resend the School Board’s discovery requests. (Id. at p. 52). On July

30, 2020, Attorney Ford served deficient discovery responses. For example,

Attorney Ford provided the School Board with responses titled as “Plaintiff

Eddie Hundley’s Responses to Defendant School District of Manatee County’s

First Set of Interrogatories.” (Doc. 31, Ex. 3). However, Mr. Hundley’s

responses did not match the School Board’s Interrogatories. (Doc. 31-2).

Instead, Mr. Hundley answered the Interrogatories designated for LMA. (Doc.

1 Attorney Ford produced the plaintiffs’ Rule 26 disclosures on July 6, 2020, over a

month after the due date.

31-1). LMA also provided insufficient responses. (Doc. 31, pp. 3-4). Ms. Scott’s

responses also did not match the requests. (Doc. 31-8). Attorney Ford produced

no responsive documents for Ms. Phillips or Ms. Enrisma.

On August 2, 2020, Attorney Jackson emailed Attorney Ford and

requested the outstanding responses and documents. (Doc. 81-1). Attorney

Jackson gave Attorney Ford five additional days to serve complete discovery

responses. (Doc. 81-1). Attorney Jackson stated she would request court

intervention if Attorney Ford failed to produce the outstanding discovery

responses. (Id.). On August 19, 2020, after not receiving the plaintiffs

outstanding discovery, Attorney Jackson emailed Attorney Ford with a

detailed list of the plaintiffs’ discovery deficiencies. (Doc. 81-4). Again, Attorney

Jackson stated she would request court intervention if Attorney Ford failed to

produce the outstanding discovery responses. (Id.). The plaintiffs did not

correct the deficiencies.

On August 28, 2020, the School Board moved to compel the plaintiffs to

produce discovery responses and requested an award of attorney’s fees in

relation to the motion. (Doc. 31). On September 8, 2020, the court granted the

School Board’s motion in part and ordered the plaintiffs to produce all

remaining discovery responses and documents by September 23, 2020.2 (Doc.

36).

On October 5, 2020, the court held a discovery conference to address any

remaining discovery issues. At the conference, the School Board made ten oral

motions, which the court granted. (Doc. 56-66, 68). The court ordered the

plaintiffs to rectify their discovery deficiencies by October 23, 2020. (Doc. 68).

The court also directed the School Board to resend electronic copies of its

discovery requests for each plaintiff to Attorney Ford by October 6, 2020. (Id.).

The court scheduled another discovery conference for October 30, 2020. (Id.).

The School Board resent to Attorney Ford electronic copies of its

discovery requests for each plaintiff on October 5, 2020. (Doc. 81). Attorney

Ford filed notices of compliance of the court’s discovery order. (Docs. 71-77). In

response, Attorney Jackson sent Attorney Ford a letter noting the plaintiffs

mostly had not complied with the court’s order and thoroughly detailed the

remaining discovery deficiencies for each plaintiff. (Doc. 81-8).

On October 29, 2020, the School Board moved for sanctions against the

plaintiffs and Attorney Ford for failure to comply with the court’s orders. (Doc

81). At the October 30, 2020 discovery videoconference, the court granted the

2 The court granted the motion in part to the extent that the School Board’s request

for attorney’s fees and costs would be considered later, along with any other discovery

disputes. (Doc. 36, p. 2).

plaintiffs more time to respond to the School Board’s motion for sanctions and

ordered counsel to meet and confer about the outstanding discovery. (Doc. 89).

The court also ordered Attorney Ford to confer with each plaintiff about the

outstanding discovery. (Doc. 89, p. 2).

On November 6, 2020, the parties met, and Attorney Ford assured the

School Board he would provide amended responses for each plaintiff. (See Doc.

151-1). On November 7, 2020, Attorney Jackson emailed Attorney Ford with a

summary of their discussion and listed the documents that Attorney Ford

stated would be produced. (Id.). The letter also stated it was imperative that

the plaintiffs produce any responsive documents, including communications

between members of the Governing Board.3 Attorney Ford did not respond to

the email or provide amended responses for each plaintiff.

On December 1, 2020, the court held an evidentiary hearing on the

School Board’s motion for sanctions. (Doc. 110). The court granted the School

Board’s motion for sanctions and awarded the School Board its reasonable

attorney’s fees and costs against Attorney Ford for the unnecessary time and

3 During the meeting the School Board learned that Attorney Ford had not contacted

LMA’s governing board about the School Board’s discovery requests. According to

LMA’s Governing Board Bylaws, only the Board of Directors has authority over

LMA’s management. (See Doc. 2- 2). Attorney Ford conceded in an email to the School

Board that LMA “has a governing board, and so responses to . . . Discovery Requests

may not readily be turned-around within the standard 30-day period.” (Doc. 81-4, p.

15).

expenses the School Board incurred because of the discovery violations. (Doc.

115).

The plaintiffs now move for sanctions and attorney’s fees against

Attorney Jackson. (Doc. 141). Attorney Jackson opposes the motion. (Doc. 154).

II. ANALYSIS

The plaintiffs move for sanctions against Attorney Jackson under 28

U.S.C. § 1927,4 alleging she filed the School Board’s motion to compel discovery

responses and motion for sanctions in bad faith. (Doc. 141).

28 U.S.C. § 1927 provides, “Any attorney or other person admitted to

conduct cases in any court of the United States or any Territory thereof who so

multiplies the proceedings in any case unreasonably and vexatiously may be

required by the court to satisfy personally the excess costs, expenses, and

attorneys’ fees reasonably incurred because of such conduct.” The court has the

inherent authority to sanction litigants. However, “[i]nvocation of a court’s

inherent power requires a finding of bad faith.” In re Mroz, 65 F.3d 1567, 1575

(11th Cir. 1995).

The School Board’s motion to compel and motion for sanctions were

legally sufficient and not made in bad faith. The School Board served the

4 The plaintiffs also bring this motion for sanctions under 42 U.S.C. § 1981 (i.e., the

Civil Rights Act of 1866). (Doc. 141). However, 42 U.S.C. § 1981 does not

independently provide for sanctions or an award of attorney’s fees against counsel.

Thus, the plaintiffs request for sanctions under 42 U.S.C. § 1981 fails.

plaintiffs with discovery requests on June 10, 2020. (See Doc. 81-3). On June

29, 2020, Attorney Ford requested and received more time to respond. (See Doc.

139-4, p. 19). On July 22, 2020, over a month after the plaintiffs’ discovery

responses were due, Attorney Ford requested that Attorney Jackson resend

the School Board’s discovery requests, which she did.5 (Id. at p. 52). On July

30, 2020, Attorney Ford served deficient discovery responses.

On August 2, 2020, Attorney Jackson gave Attorney Ford five more days

to serve complete discovery responses and documents. (Doc. 81-1). After not

receiving the plaintiffs outstanding discovery responses, on August 19, 2020,

Attorney Jackson emailed Attorney Ford detailing the discovery deficiencies.6

(Doc. 81-4). The plaintiffs still did not correct the deficiencies.

5 It was not until July 13, 2020, over a month after the plaintiffs’ discovery responses

were due, that Attorney Ford sent the plaintiffs an email stating, “[w]e need now to

turn our attention to the Request to Production from Attorney Erin Jackson . . . . We

also need to address the interrogatories [sic] from Attorney Erin Jackson.” (Doc. 139-

4, pp. 52-53).

6 Attorney Ford testified that he had issues with his email because of changing email

providers and did not remember receiving the Attorney Jackson’s August emails.

(Doc. 133, 6:24-8:15). However, a printout of Attorney Ford’s outlook mailbox shows

an email from the School Board from August 2nd with the subject line “Response to

School Disctri….” (Doc. 139-4, p. 101). Attorney Ford then testified he did not know

how to unthread his emails. (Doc. 133, 10:23-12). But the August 19th email was an

individual email, not part of a thread of emails. (See Doc. 31, Ex. 4). Further, Attorney

Ford attached as an exhibit a copy of the August 19th email. (Doc. 139-4, p. 96). Both

August emails were sent to Attorney Ford at the same email address –

admin@methodistlawcentre.com – which is also the email in the court’s electronic

filing system (CM/ECF).

On August 28, 2020, after multiple extensions and attempts to get

complete discovery responses from the plaintiffs, the School Board moved to

compel production of the outstanding discovery responses. (Doc. 31). On

September 8, 2020, the court directed the plaintiffs to produce all remaining

discovery responses and documents by September 23, 2020. (Doc. 36).

After a videoconference, the court ordered the plaintiffs to address their

discovery deficiencies by October 23, 2020. (Doc. 68). After Attorney Ford failed

to comply with the court’s discovery order, Attorney Jackson sent Attorney

Ford a letter noting the plaintiffs mostly had not complied with the court’s

order and detailing the discovery deficiencies for each plaintiff. (Doc. 81-8).

On October 29, 2020, the School Board moved for sanctions against the

plaintiffs and Attorney Ford. (Doc 81). After the second discovery conference,

Attorney Ford assured the School Board he would provide amended responses

for each plaintiff and correct the discovery deficiencies. (Doc. 151- 1). Attorney

Ford failed to do so. After an evidentiary hearing, the court granted the School

Board’s motion for sanctions and awarded the School Board its reasonable

attorney’s fees and costs against Attorney Ford. (Doc. 115).

The School Board’s motion to compel and motion for sanctions were

legally sufficient and not made in bad faith. The court granted the motions due

to their merit. (Docs. 36, 115). In addition, as detailed above, Attorney Jackson

filed the School Board’s motion to compel and motion for sanctions after

numerous attempts to obtain the plaintiffs’ outstanding discovery responses

and documents. Contrary to the plaintiffs’ assertions, Attorney Jackson was

generous in her extensions and repeatedly detailed the outstanding discovery

for the plaintiffs’ benefit.

The plaintiffs request for sanctions under 28 U.S.C. § 1927 fails.

Il. CONCLUSION

The plaintiffs’ motion for sanctions and attorney’s fees against Attorney

Erin G. Jackson (Doc. 141) is DENIED. Attorney Jackson requests an award

of her attorney’s fees incurred in responding to the plaintiffs’ motion for

sanctions. This request will not be addressed in this order but may be brought

in the form of a separate motion.

ORDERED in Tampa, Florida on February 19, 2021.

Aranda. Ayre hh Samone.

AMANDA ARNOLD SANSONE

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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