James Bachman v. John Bachman ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-1638
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James Edward Bachman; Adella A. Bachman; Eric J. Bachman; Rachel A.
Bachman; Matthew R. Bachman; C. Andrew Bachman
Plaintiffs - Appellants
v.
John Q. Bachman; Leaf Supreme Products, LLC, A Nebraska Limited Liability
Co.
Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: May 9, 2023
Filed: June 30, 2023
[Unpublished]
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Before SHEPHERD, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
After a wage dispute, John Bachman was sued by several members of his
brother’s family (the Bachman family) who worked for him. The district court 1
dismissed the case as a sanction under Fed. R. Civ. P. 41(b) for misconduct, and we
affirm.
After careful review, we conclude that the district court did not abuse its
discretion. See Siems v. City of Minneapolis, 560 F.3d 824, 826 (8th Cir. 2009)
(standard of review). The Bachman family repeatedly filed premature and meritless
motions, misstated the record, placed ex parte phone calls to the court about
discovery disputes, made improper and overbroad privilege objections during
depositions, told a subpoenaed witness not to attend his deposition, and failed to
timely reschedule a deposition. The Bachman family’s misconduct continued
despite frequent warnings and multiple sanctions. See Hairston v. Alert Safety Light
Prods., Inc., 307 F.3d 717, 719 (8th Cir. 2002) (explaining that the sanction of
dismissal is appropriate when the failure to comply was due to “willfulness, bad
faith, or any fault of petitioner” (citation omitted)). The case was properly
dismissed.
The Bachman family also asks us to review other district court rulings on
appeal. Even if we accepted this invitation, there isn’t any merit to the Bachman
family’s claims. We deny the motions to supplement the record, to strike, and for
sanctions. The judgment is affirmed.
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1
The Honorable Brian C. Buescher, United States District Judge for the
District of Nebraska, adopting the report and recommendation of the Honorable
Cheryl R. Zwart, United States Magistrate Judge for the District of Nebraska.
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