From Casetext: Smarter Legal Research

Pope v. Federal Express Corp.

United States Court of Appeals, Eighth Circuit
Mar 9, 1995
49 F.3d 1327 (8th Cir. 1995)

Summary

upholding the district court's sanctions under Rule 11

Summary of this case from Caranchini v. Nationstar Mortg.

Opinion

No. 94-2352.

Submitted January 13, 1995.

Decided March 9, 1995.

Gwen G. Caranchini, Kansas City, MO, for Carol J. Pope.

Karen K. Howard, Kansas City, MO, for Gwen G. Caranchini.

Lindsay K. McFerrin, Kansas City, MO (John M. Lilla, on the brief), for appellees.

Appeal from the United States District Court for the Western District of Missouri.

Before WOLLMAN, Circuit Judge, LAY, Senior Circuit Judge, and BEAM, Circuit Judge.


Carol Pope and Gwen Caranchini appeal the district court's reimposition of Rule 11 sanctions. Because we find no abuse of discretion, we affirm.

Carol Pope and her attorney, Gwen Caranchini, knowingly offered a falsified document into evidence in Ms. Pope's employment discrimination action against Federal Express. In addition to dismissing Pope's action, the district court ordered a joint $30,000 sanction against both Pope and Caranchini for abusing the judicial process. Pope was assessed an additional sanction of $8,882.50 to compensate Federal Express for the costs incurred in challenging the manufactured document. Pope and Caranchini appealed the imposition of sanctions and we remanded, directing the district court to consider additional sanctions that had been imposed on Caranchini in another case and to consider the ability of Pope and Caranchini to pay the sanctions. Pope v. Federal Express Corp., 974 F.2d 982, 985 (8th Cir. 1992).

On remand, the district court examined financial statements and income tax returns of both Pope and Caranchini. The district court noted that the $50,000 sanction imposed against Caranchini in White v. General Motors Corp., 139 F.R.D. 178 (D.Kan. 1991), aff'd, 977 F.2d 499 (10th Cir. 1992), had been imposed with that court's knowledge of the $30,000 sanction in the present case. Pope v. Federal Express Corp., No. 88-1245-CV-W-1, Order at 2 (W.D.Mo. April 26, 1994); see White, 139 F.R.D. at 183. In agreement with the White court, the district court found that Caranchini has earned and has the capacity to earn a substantial income by practicing law. Pope, Order at 3; see White, 139 F.R.D. at 183. Noting the purposes of Rule 11 and Caranchini's past conduct, the court found a substantial monetary sanction was necessary to deter future abuse of the judicial process. Pope, Order at 3-4. The court imposed a $25,000 sanction against Caranchini, individually. Id. at 4. The court determined that Pope had the ability to pay the $8,882.50 in costs and fees and retained that individual sanction against her. Id. at 5.

We note that the sanction was imposed with the district court's knowledge of a substantial fee award to Caranchini in another case in the same court.

We review a district court's Rule 11 sanction order for abuse of discretion. Cooter Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 2460-61, 110 L.Ed.2d 359 (1990). When "`the issue is not free from doubt[,] we should afford great deference to the judgment of the district court.'" Kirk Capital Corp. v. Bailey, 16 F.3d 1485, 1490 (8th Cir. 1994) (quoting Harlyn Sales Corp. Profit Sharing Plan v. Kemper Fin. Servs., Inc., 9 F.3d 1263, 1269 (7th Cir. 1993)). While we have strongly suggested that trial courts consider the level of punishment necessary to adequately deter the undesirable conduct, we have stopped short of requiring trial courts to apply the least severe sanction. Kirk Capital, 16 F.3d at 1490. We simply require that the sanction be appropriate, thereby according broad discretion to the district court. Id. Although we might have imposed a lesser sanction, it is not our position to second-guess the district court in this instance. We note that this case involves egregious conduct. See White v. General Motors Corp., 908 F.2d 675, 685 (10th Cir. 1990) (in determining appropriate sanction, the court may consider the wrongdoer's history, experience and ability, the severity of the violation, the degree to which malice or bad faith contributed to the violation, and other factors), cert. denied, 498 U.S. 1069, 111 S.Ct. 788, 112 L.Ed.2d 850 (1991).

The district court evaluated the issues we directed it to address on remand and reduced the amount of the sanction considerably. We find no abuse of discretion by the district court. Accordingly, the district court's order imposing sanctions is affirmed.


Summaries of

Pope v. Federal Express Corp.

United States Court of Appeals, Eighth Circuit
Mar 9, 1995
49 F.3d 1327 (8th Cir. 1995)

upholding the district court's sanctions under Rule 11

Summary of this case from Caranchini v. Nationstar Mortg.

affirming award of Rule 11 sanctions for offering a falsified document into evidence

Summary of this case from Barlow v. Colgate Palmolive Co.

affirming award of Rule 11 sanctions for offering a falsified document into evidence

Summary of this case from Barlow v. Colgate Palmolive Co.

affirming award of Rule 11 sanctions for offering a falsified document into evidence

Summary of this case from Barlow v. Colgate Palmolive Co.

reviewing district court's Rule 11 sanction decision for abuse of discretion

Summary of this case from Casa de Cambio Comdiv, S.A. De C.V. v. Federal Reserve Bank of Minneapolis

according broad discretion to the district court to determine an appropriate sanction

Summary of this case from Willhite v. Collins

dismissing action and awarding monetary sanctions based on falsified document

Summary of this case from Bout v. Bolden
Case details for

Pope v. Federal Express Corp.

Case Details

Full title:CAROL J. POPE, APPELLANT, GWEN G. CARANCHINI, APPELLANT, v. FEDERAL…

Court:United States Court of Appeals, Eighth Circuit

Date published: Mar 9, 1995

Citations

49 F.3d 1327 (8th Cir. 1995)

Citing Cases

Van Deelen v. City of Kansas City

On remand, Judge Whipple noted that the $50,000 sanction imposed against the plaintiff's attorney in White…

Jones v. Missouri

In determining the appropriate sanction, the Eighth Circuit has identified factors such as "the wrongdoer's…