The Order issued today starts out with notice that tomorrow’s hearing is cancelled – and aside from the somewhat disconcerting news that he’ll decide on the Summary Judgment based on his reading of the motions, this seems like a routine matter.
The parties having waived oral argument on their crossmotions for summary judgment, the oral argument scheduled for July 11, 2008, is CANCELLED, and the cross-motions are hereby taken under submission without oral argument.
However, that’s just the first paragraph and the kicker comes next.
More than thirty (30) days having elapsed since the judgment for compensatory civil contempt was entered against defendants, requiring them to pay the judgment within thirty (30) days, and defendants having neither paid the judgment nor filed a timely notice of appeal, plaintiff is free to execute on the judgment or otherwise to proceed with collection. Unless the judgment is paid within fourteen (14) days, the court will consider denying defendants’ motions for summary judgment as a sanction.
What makes this Order his strangest yet is the Rigsbys sister’s Motion to Stay Civil Sanctions is sitting on PACER – filed on June 25th no less. What else could a Motion do but sit on the docket when the judge doesn’t seem to know it’s there.
On June 5, 2008, the Court entered an Order awarding civil contempt sanctions against the Rigsbys and Richard Scruggs (“Mr. Scruggs”), jointly and severally, in the amount of sixty-five thousand dollars ($65,000.00). The Court stated in its Order that this amount should be paid within thirty (30) days of the Order.
On June 19, 2008, Mr. Scruggs filed a Petition for Permission to Appeal the civil contempt sanction order to the Eleventh Circuit Court of Appeals (“Petition”).
Mr. Scruggs also posted security with the Court for the full amount of the civil contempt sanction pending a decision on his Petition.
If Mr. Scruggs’ Petition is denied, Renfroe may execute on the bond to collect the civil contempt sanction award.
The civil contempt sanction obligation is joint and several so that satisfaction of the sanction award through Mr. Scruggs and/or the bond will discharge the debt against the Rigsbys.
Belle checked and the date stamped on the Notice of Appeal shows receipt at the 11th Circuit in Atlanta on July 1 and receipt earlier this week at Acker’s court in the Northern District of Alabama. However, Acker’s Order of civil contempt sanctions put the 11th Circuit, Scruggs and the Rigsby sisters on notice.
In the event any party applies for an interlocutory appeal pursuant to 28 U.S.C. § 1292(b), there will be no stay of proceedings in this court unless the Eleventh Circuit orders.
What Acker did today was alert all parties he will rule against the Rigsby sisters if the 11th circuit doesn’t rule on Scruggs’ appeal within 14 days. Imagine that.
a belle/nowdy tag team effort – it takes two to track Judge Acker!
And how do you reconcile the order yesterday and the order on sanctions with the order on the stay of execution of contempt.
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Could the judge be any more confusing than this? I hate to ask.