DRFP LLC v. Republica Bolivariana ( 2018 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 18a0038n.06
Case No. 16-3960
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT FILED
Jan 22, 2018
DEBORAH S. HUNT, Clerk
DRFP L.L.C., dba Skye Ventures, )
)
Plaintiff-Appellant, )
) ON APPEAL FROM THE UNITED
v. ) STATES DISTRICT COURT FOR
) THE SOUTHERN DISTRICT OF
REPÚBLICA BOLIVARIANA DE ) OHIO
VENEZUELA; THE VENEZUELAN )
MINISTRY OF FINANCE, )
)
Defendants-Appellees. )
ORDER
BEFORE: COOK, KETHLEDGE, and DONALD, Circuit Judges.
COOK, Circuit Judge. When we affirmed the district court’s judgment against DRFP
L.L.C., dba Skye Ventures (“Skye”), we invited the República Bolivariana de Venezuela and the
Venezuelan Ministry of Finance (collectively, “Venezuela”) to seek attorneys’ fees and costs
associated with this appeal. DRFP L.L.C. v. República Bolivariana de Venezuela, 706 F. App’x
269, 279–80 (6th Cir. 2017). Venezuela did just that. There followed an opposition from Skye,
a submission of unredacted invoices by Venezuela, and one more round of briefing from the
parties.
We have reviewed the parties’ submissions and conclude that Skye’s appeal was
frivolous. As we explained previously, Skye “advanced arguments untethered to valid analysis
Case No. 16-3960, DRFP v. República Bolivariana de Venezuela, et al.
of either Ohio or Venezuelan law.” Id. at 280. And what’s more, this appeal stemmed from
Skye’s “buy[ing] (for pennies on the dollar) notes that were obviously fraudulent, and then for
twelve years [taking] a flier on enforcing them in federal court.” Id. (Kethledge, J., concurring).
We therefore GRANT Venezuela’s motion for attorneys’ fees. Pursuant to Federal Rule
of Appellate Procedure 38, we may “award just damages and single or double costs to”
Venezuela. Venezuela seeks over $750,000 in attorneys’ fees; challenging that calculation, Skye
contends that any award should not exceed $35,000. We deem an award of $100,000 to be
reasonable in light of Rule 38’s purposes.
Accordingly, we ORDER Skye to pay Venezuela $100,000 for attorneys’ fees incurred
in this appeal. Skye and its counsel shall be jointly and severally liable to Venezuela for the
entire award. See 28 U.S.C. § 1927; see also, e.g., Shaya v. Countrywide Home Loans, Inc.,
489 F. App’x 815, 820 (6th Cir. 2012); Raft v. C.I.R., 147 F. App’x 458, 463 (6th Cir. 2005).
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
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