JYSK Bed'N Linen v. Monosij Dutta-Roy

Case: 15-14859 Date Filed: 10/20/2017 Page: 1 of 6
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-14859
Non-Argument Calendar
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D.C. Docket No. 1:12-cv-03198-TWT
JYSK BED’N LINEN,
as successor to Quick Ship Holding, Inc.,
d.b.a. By Design Furniture,
Plaintiff-Counter Defendant-Appellee,
versus
MONOSIJ DUTTA-ROY,
Defendant-Counter Claimant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(October 20, 2017)
Before TJOFLAT, HULL and WILSON, Circuit Judges.
PER CURIAM:
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Monosij Dutta-Roy appeals the district court’s order holding him in
contempt for failing to obey the portion of the district court’s previous order
granting partial summary judgment to Jysk Bed’N Linen (“Jysk”) that required him
to transfer the disputed domain names to Jysk. The contempt order also imposed
prospective fines and attorney’s fees. He assigns error in all orders that have been
entered in his case and contends that they are all reviewable in this appeal, but Jysk
responds that we lack jurisdiction to review any part of his appeal.
I.
First, Dutta-Roy raises a number of arguments challenging all of the district
court’s previous orders, as well as several state court garnishment actions. He
argues that the district court lacked jurisdiction to enter any orders after he
appealed its grant of partial summary judgment to Jysk.
We review questions concerning jurisdiction de novo. Williams v. Chatman,
510 F.3d 1290, 1293 (11th Cir. 2007). A district court’s order is not a final and
appealable order under 28 U.S.C. § 1291 if it does not resolve all pending claims
against all parties. Nat’l Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ.
Sys. of Ga., 633 F.3d 1297, 1306 (11th Cir. 2011). Absent entry of a stay on
appeal, the district court retains jurisdiction to enforce its orders. Sergeeva v.
Tripleton Int’l Ltd., 834 F.3d 1194, 1201-02 (11th Cir. 2016). Generally, district
courts lack jurisdiction to review final state court judgments. Nicholson v. Shafe,
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558 F.3d 1266, 1270 (11th Cir. 2009). An issue is moot when it no longer presents
a live controversy with respect to which the court can give meaningful relief.
Christian Coal. of Fla., Inc. v. United States, 662 F.3d 1182, 1189 (11th Cir.
2011).
Under the law of the case doctrine, district and appellate courts generally are
bound by prior appellate decisions in the same case. Thomas v. United States, 572
F.3d 1300, 1303 (11th Cir. 2009). An appellate decision is binding in all
subsequent proceedings in the same case unless: (1) new evidence or an
intervening change in the law dictates a different result, or (2) the appellate
decision is clearly erroneous, and applying the law of the case doctrine would work
a manifest injustice. Id. at 1303-04.
A finding of civil contempt imposing a fine or penalty which may be
avoided by the party purging himself of the contempt by complying with the order
is not appealable in an interlocutory action, but an order in which a fine or penalty
is imposed within a time certain that may not be avoided by some other form of
compliance is immediately appealable. Combs v. Ryan’s Coal Co., 785 F.2d 970,
976 (11th Cir. 1986).
First, even though Dutta-Roy had appealed the district court’s order granting
partial summary judgment, the district court retained jurisdiction to enforce the
order, which required him to transfer disputed domain names to Jysk. See
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Sergeeva, 834 F.3d at 1202. It did not, however, have jurisdiction to review the
state court garnishment actions. See Nicholson, 558 F.3d at 1270. Our review of
any orders that we previously reviewed on the merits on appeal is barred by the
law of the case doctrine, because Dutta-Roy has presented nothing that suggests
our previous ruling—that the grant of partial summary judgment was unreviewable
because it was not a final order—was incorrect. See Thomas, 572 F.3d at 1303-04;
Jysk Bed’N Linen v. Dutta-Roy, 810 F.3d 767, 771, 773 n.15 (11th Cir. 2015).
There has still not been a final district court adjudication of all claims against all
parties, and so there is still no final judgment. See Nat’l Ass’n of Bds. of
Pharmacy, 633 F.3d at 1306. Consequently, the only order properly before us is
the order holding Dutta-Roy in contempt, imposing a prospective fine, and
ordering him to pay attorney’s fees. See Combs, 785 F.2d at 976. The prospective
fine, however, is moot, because it was never imposed and Dutta-Roy has
transferred the domain names. See Christian Coal. of Fla., Inc., 662 F.3d at 1189.
II.
Liberally construing Dutta-Roy’s brief, he argues that he could not be held
in contempt for not obeying the order granting Jysk partial summary judgment,
because the district court erred in evaluating the merits of that order.
We review a finding of civil contempt only for an abuse of discretion.
Riccard v. Prudential Ins. Co., 307 F.3d 1277, 1296 (11th Cir. 2002). A finding of
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civil contempt must be supported by clear and convincing evidence. Id. If the
record evinces that a reasonable person could find a clear and convincing violation
of the court’s order, then we must affirm the contempt ruling. F.T.C. v. Leshin,
618 F.3d 1221, 1231 (11th Cir. 2010).
The evidence must establish that: (1) the allegedly violated order was valid
and lawful; (2) the order was clear and unambiguous; and (3) the alleged violator
had the ability to comply with the order. Riccard, 307 F.3d at 1296. The absence
of willfulness is not a defense to a charge of civil contempt, and substantial,
diligent, or good faith efforts are not enough; the only issue is compliance. F.T.C.,
618 F.3d at 1231.
While Dutta-Roy argues that the district court was incorrect in its evaluation
of Jysk’s motion for partial summary judgment, that does not make the contempt
order invalid. No party disputes that Dutta-Roy had the ability to comply with the
order. Finally, the order clearly and unambiguously ordered Dutta-Roy to transfer
the disputed domain names to Jysk, and he refused to do so. See Riccard, 307 F.3d
at 1296; F.T.C., 618 F.3d at 1231. As such, the district court did not abuse its
discretion in holding him in contempt.
III.
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Finally, Dutta-Roy argues that the district court could not enter the award for
attorney’s fees, because he had appealed the underlying summary judgment order,
depriving the district court of jurisdiction, and because Jysk did not seek attorney’s
fees in its complaint.
The decision to grant or deny attorney fees is reviewed for an abuse of
discretion. Davis v. Nat’l Med. Enter., Inc., 253 F.3d 1314, 1318-19 (11th Cir.
2001). The starting point for determining the amount of a reasonable fee is the
number of hours reasonably expended on the litigation multiplied by a reasonable
hourly rate. Ela v. Destefano, No. 16-11548, manuscript op. at *10 (11th Cir. Aug.
30, 2017).
The district court appears to have arbitrarily determined that $2,150 in
attorney’s fees was due to Jysk, without any support in the record or any analysis
as to the appropriate amount. Consequently, the court abused its discretion. We
therefore vacate and remand the attorney’s fees order for further consideration.
AFFIRMED IN PART, VACATED AND REMANDED IN PART.
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