Shuey v. Schwab
Opinion of the Court
OPINION
Susan and John Shuey appeal from the District Court’s order dismissing their action filed against William G. Schwab, East Penn Township Supervisor, and Brian P. Horos and Alan W. Beishline, East Penn Township Police Officers (collectively, “East Penn”) because their counsel failed to timely respond to East Penn’s motion to dismiss under Fed.R.Civ.P. 12(b)(6). The District Court deemed counsel’s inaction to constitute agreement with East Penn’s motion and, in accordance with the District Court’s Local Rule 7.6, dismissed the Shueys’ complaint. The Court denied the Shueys’ motion for reconsideration, finding their counsel’s proffered reasons for delay insufficient.
Because the District Court failed to make a determination that dismissal was warranted based on the factors enunciated in Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863, 868 (3d Cir. 1984), we will vacate the District Court’s order and remand for further proceedings.
I.
The Shueys filed a civil rights action in June 2008, alleging violations of the United States Constitution, 42 U.S.C. §§ 1983, 1985, and 1988, the Pennsylvania Constitution, and various state laws. The central thrust of the Shueys’ complaint is that two East Penn Township police officers used excessive force and unlawfully arrested and falsely imprisoned Mrs. Shuey, and that various Township officials are vicariously liable for the officers’ actions.
East Penn filed a motion to dismiss the Shueys’ complaint in July 2008. The Shueys failed to respond within fifteen days from the date of service of East Penn’s motion, as required by Middle District of Pennsylvania Local Rule 7.6.
Two days after the dismissal order was entered, the Shueys moved for reconsideration. The Shueys urged the District Court to reconsider its dismissal because the failure to respond to the Court’s Order was caused by a “technology error.”
The District Court denied the motion for reconsideration under Federal Rule of Civil Procedure 59(e). It rejected the Shueys’ argument that denying their motion would rise to a level of “manifest injustice.” App. at 7. Although counsel had proffered an excuse for his failure to respond to the Court’s order, the District Court complained that counsel never explained why Plaintiffs did not x-espond to the dismissal motion. The Shueys timely appealed.
II.
The Shueys contend that the Court either erred or abused its discx-etion by granting East Penn’s motion to dismiss without an analysis upon the merits.
Dismissals with prejudice are drastic sanctions. Poulis, 747 F.2d at 867 (setting forth factors district courts must consider before dismissing claims or refusing to lift default judgments). Accoi'dingly, “it is imperative that the District Court have a full understanding of the surrounding facts and circumstances pertinent to the Poulis
For the reasons set forth, we will vacate the order of the District Court and remand for further proceedings.
. Local Rule 7.6 of the United States District Court for the Middle District of Pennsylvania provides as follows:
*632 Any party opposing any motion shall file a responsive brief, together with any opposing affidavits, deposition transcripts or other documents, within fifteen (15) days after service of the movant's brief, ... Any respondent who fails to comply with this rule shall be deemed not to oppose such motion.
. Counsel explained that the Court's electronically filed order was errantly tagged as "spam” in counsel’s e-mail system and therefore was never delivered. App. at 81. Counsel further explained that the misdirected order would have been discovered by counsel's support staff had they not been "on vacation” or otherwise "unavailable.” App. at 82.
. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. Generally, this court will review a denial of a motion for reconsideration under an abuse of discretion standard. See North River Ins. Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1203 (3d Cir. 1995). To the extent, however, that the District Court’s order is based on an interpretation of law, the issue is reviewed de novo. See Max’s Seafood Café v. Quinteros, 176 F.3d 669, 673 (3d Cir. 1999).
Reference
- Full Case Name
- Susan R. SHUEY John Shuey v. William G. SCHWAB East Penn Township Brian P. Horos, Officer Alan W. Beishline
- Cited By
- 13 cases
- Status
- Published