Steffen v. Menchise (In Re Steffen) ( 2016 )


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  •            Case: 14-15093   Date Filed: 09/06/2016   Page: 1 of 8
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 14-15093
    Non-Argument Calendar
    ________________________
    D.C. Docket Nos. 8:14-cv-01250-SDM; 8:01-bk-09988-ALP
    In Re: TERRI L. STEFFEN,
    Debtor.
    __________________________________________________
    TERRI L. STEFFEN,
    Plaintiff-Appellant,
    versus
    DOUGLAS N. MENCHISE,
    Chapter 7 Trustee,
    Defendant-Appellee.
    ________________________
    No. 14-15094
    Non-Argument Calendar
    ________________________
    D.C. Docket Nos. 8:14-cv-01251-SDM; 8:01-bk-09988-MGW
    Case: 14-15093   Date Filed: 09/06/2016   Page: 2 of 8
    In Re: Terri L. Steffen,
    Debtor.
    __________________________________________________________________
    TERRI L. STEFFEN,
    Plaintiff-Appellant,
    versus
    DOUGLAS N. MENCHISE,
    Chapter 7 Trustee,
    Defendant-Appellee.
    ________________________
    No. 15-12554
    Non-Argument Calendar
    ________________________
    D.C. Docket Nos. 8:14-cv-00416-SDM; 8:01-bk-09988-MGW
    In re:
    TERRI L. STEFFEN
    Debtor.
    ______________________________________________________________
    TERRI L. STEFFEN,
    Plaintiff-Appellant,
    versus
    2
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    UNITED STATES OF AMERICA,
    Defendant-Appellee.
    ________________________
    Appeals from the United States District Court
    for the Middle District of Florida
    ________________________
    (September 6, 2016)
    Before HULL, MARCUS and BLACK, Circuit Judges.
    PER CURIAM:
    Terri Steffen, proceeding pro se in these three consolidated appeals, appeals
    the district court’s order affirming the bankruptcy court’s entry of default judgment
    in an adversary action by the Government and the district court’s dismissal of an
    appeal from two related cases on procedural grounds. After review, we affirm the
    entry of default judgment in the Government’s adversary action, case number 15-
    12554, and dismiss as moot case numbers 14-15093 and 14-15094.
    I. PROCEDURAL BACKGROUND
    Steffen sought discharge of her debts through a bankruptcy proceeding filed
    in 2001. 1 The Government and a trustee both filed separate adversary actions
    objecting to the discharge of Steffen’s debts. See 11 U.S.C. § 727(a)(2)(B)
    (prohibiting discharge when “the debtor, with intent to hinder, delay, or defraud a
    1
    As the parties are familiar with the facts of this case, we will not recount them in detail.
    We include only those facts necessary to the discussion of each issue.
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    creditor or an officer of the estate charged with custody of property under this title,
    has transferred . . . property of the estate, after the date of the filing of the
    petition”); 
    id. § 727(c)(1)
    (permitting “[t]he trustee [or] the United States trustee”
    to “object to the granting of a discharge under subsection (a)”). The adversary
    actions were consolidated by the bankruptcy court. After Steffen failed to attend a
    deposition in 2009, the bankruptcy court granted the Government’s sanctions
    motion and ordered, among other things, that Steffen attend a deposition until
    completed despite any objections to the questions asked. Steffen appealed the
    2009 sanction order to this Court, but she subsequently moved to dismiss her
    appeal with prejudice and this Court granted her motion. The Government
    provided notice to Steffen of a deposition scheduled in April 2011 but Steffen
    appeared without her attorney and refused to answer a question without asserting
    any claim of privilege. The bankruptcy court subsequently granted motions by the
    Government and the trustee for default judgment against Steffen in the adversary
    cases as a sanction. As a result, the bankruptcy court entered a final judgment in
    Steffen’s general bankruptcy case denying discharge of her debts. Steffen
    appealed to the district court, which affirmed the grant of default judgment in the
    Government’s adversary case. The district court dismissed Steffen’s appeals from
    the trustee’s adversary case and the general bankruptcy case for failure to pay
    4
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    filing fees, file initial briefs, submit statements of the issues, and designate the
    record.
    II. DISCUSSION
    A.     The Government’s Adversary Action
    We first consider Steffen’s appeal from the Government’s adversary action
    (case no. 15-12554). Steffen argues that the district court erred in affirming the
    bankruptcy court’s entry of default judgment because the bankruptcy court abused
    its discretion in issuing the original 2009 sanction order as well as the sanction
    order granting default judgment. See Buchanan v. Bowman, 
    820 F.2d 359
    , 361
    (11th Cir. 1987) (explaining that the entry of a default judgment as a sanction for a
    discovery violation is reviewed for an abuse of discretion).
    The district court did not err in affirming the entry of default judgment in the
    Government’s adversary action. First, because the district court previously
    affirmed the 2009 sanction order and this Court dismissed Steffen’s appeal from
    that order with prejudice, we may not review the merits of the 2009 sanctions
    order. Second, as to the sanction order granting default judgment, the bankruptcy
    court did not abuse its discretion in imposing default judgment as a sanction for
    failing to comply with its discovery order.2 Under Rule 37, the court may impose
    2
    In the bankruptcy context, we sit as a second court of review, examining the legal
    conclusions of the bankruptcy court and the district court de novo and the bankruptcy court’s
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    sanctions for not obeying a discovery order, including rendering a default
    judgment against the disobedient party. Fed. R. Civ. P. 37(b)(2)(A)(vi); see also
    Bankruptcy R. 7037 (stating that Fed. R. Civ. P. 37 applies in adversary
    proceedings). Throughout the proceedings, Steffen engaged in an effort to avoid
    discovery and delay the proceedings. After being ordered to complete the
    deposition, Steffen appeared at her deposition without counsel despite receiving
    notice. Steffen then refused to answer a question without grounds to do so, despite
    the bankruptcy court’s prior order that the deposition should continue despite
    objections. Steffen’s efforts to interfere with and delay discovery show that
    Steffen was not acting in a good faith attempt to complete her discovery
    requirements, see Malautea v. Suzuki Motor Co., Ltd., 
    987 F.2d 1536
    , 1542 (11th
    Cir. 1993) (“[A] default judgment sanction requires a willful or bad faith failure to
    obey a discovery order.”), and that a lesser sanction would not suffice, see 
    id. (default judgment
    is appropriate as a “last resort, when less drastic sanctions would
    not ensure compliance with the court’s orders”). Accordingly, we affirm case
    number 15-12554.
    B.     The Trustee’s Adversary Action and the General Bankruptcy Case
    factual findings for clear error. Finova Capital Corp. v. Larson Pharmacy Inc. (In re Optical
    Techs., Inc.), 
    425 F.3d 1294
    , 1299-1300 (11th Cir. 2005).
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    We next consider Steffen’s appeals from the trustee’s adversary action (case
    no. 14-15094) and the general bankruptcy case (case no. 14-15093). The trustee
    has moved this Court to dismiss these appeals because the bankruptcy court’s
    appropriate grant of default judgment in the Government’s adversary case has
    rendered them moot. We have held that:
    If events that occur subsequent to the filing of a lawsuit or an appeal
    deprive the court of the ability to give the plaintiff or appellant
    meaningful relief, then the case is moot and must be dismissed.
    Indeed, dismissal is required because mootness is jurisdictional. Any
    decision on the merits of a moot case or issue would be an
    impermissible advisory opinion.
    Al Najjar v. Ashcroft, 
    273 F.3d 1330
    , 1336 (11th Cir. 2001) (citations and
    quotation marks omitted); see also Adler v. Duval County Sch. Bd., 
    112 F.3d 1475
    ,
    1477 (11th Cir. 1997) (“A case is moot when the issues presented are no longer
    live or the parties lack a legally cognizable interest in the outcome.” (quotation
    marks omitted)). “The burden of establishing mootness rests with the party
    seeking dismissal.” Beta Upsilon Chi Upsilon Chapter at the Univ. of Fla. v.
    Machen, 
    586 F.3d 908
    , 916 (11th Cir. 2009).
    Because we find that the district court did not err in affirming the bankruptcy
    court’s grant of default judgment against Steffen in the Government adversary
    action, the remaining appeals are moot. The trustee adversary action was
    consolidated with the Government adversary action in the bankruptcy court.
    Therefore, each of the decisions that Steffen appealed to the district court from the
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    trustee adversary case were also appealed to, and affirmed by, the district court in
    the Government adversary case. As to Steffen’s general bankruptcy action,
    because the default judgment in the Government adversary proceedings prevents
    Steffen from discharging her debt, see 11 U.S.C. § 727(a)(2)(B) (prohibiting
    discharge when “the debtor, with intent to hinder, delay, or defraud a creditor or an
    officer of the estate charged with custody of property under this title, has
    transferred . . . property of the estate, after the date of the filing of the petition”),
    granting relief from the district court’s dismissal in the general bankruptcy district
    court appeal would not provide Steffen with the relief she seeks, and thus, would
    simply be an impermissible advisory opinion, see Al 
    Najjar, 273 F.3d at 1336
    .
    Accordingly, we GRANT the trustee’s motion to dismiss as moot case nos. 15-
    15093 and 14-15094.
    AFFIRMED in case number 15-12554; appeals DISMISSED in case
    numbers 14-15093 and 14-15094.
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