Cyrus Bischoff v. USA Funds, et al

Filing

Opinion issued by court as to Appellant Cyrus A. Bischoff. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 14-10837

Date Filed: 08/28/2014

Page: 1 of 3

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-10837
Non-Argument Calendar
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D.C. Docket No. 0:11-cv-62510-RNS

MARGARET JALLALI,
Plaintiff,
CYRUS A BISCHOFF,
Interested Party-Appellant,
versus
USA FUNDS,
WEST ASSET MANAGEMENT, INC.,
Defendants-Appellees,
SUN HEALTHCARE GROUP,
Defendant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(August 28, 2014)

Case: 14-10837

Date Filed: 08/28/2014

Page: 2 of 3

Before PRYOR, MARTIN and COX, Circuit Judges.
PER CURIAM:
Cyrus Bischoff, former counsel for the plaintiff in the underlying district
court action, appeals the district court’s affirmance of the magistrate judge’s order
awarding defendants USA Funds and West Asset Management, Inc. sanctions
pursuant to 28 U.S.C. § 1927. Here, Bischoff timely appealed the magistrate
judge’s sanctions order to the district court, contending that the magistrate judge
lacked jurisdiction to enter the order because he had withdrawn from the case. The
district court affirmed the magistrate judge’s sanction. Because the magistrate
judge had jurisdiction to award sanctions, we affirm.
On appeal, Bischoff repeats his contention that the magistrate judge lacked
jurisdiction to award sanctions because the district court had already granted
Bischoff’s request to withdraw as an attorney in the case. 1 (Appellant’s Br. at 23.)
It is unclear what type of jurisdiction Bischoff contends the court lacked. His
argument appears to be that because he withdrew from the case, the district court
no longer had statutory authority to sanction him under 28 U.S.C. § 1927. So,

1

Bischoff presents a variety of other arguments. However, this is the only issue Bischoff
objected to before the district court. When a magistrate judge considers non-dispositive matters,
a party may not assign as error on appeal a defect not timely objected to before the district court.
Smith v. School Bd. of Orange Cnty., 487 F.3d 1361, 1365. Accordingly, Bischoff’s other
contentions are not preserved.
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Case: 14-10837

Date Filed: 08/28/2014

Page: 3 of 3

Bischoff’s challenge is not to subject-matter or personal jurisdiction, but rather to
the district court’s authority under 28 U.S.C. § 1927—that is jurisdiction in a
generic sense.
“We review a district court's sanctions order for abuse of discretion.”
Amlong & Amlong, P.A. v. Denny's, Inc., 500 F.3d 1230, 1237 (11th Cir. 2007).
“A decision that is contrary to the law plainly is an abuse of discretion.” Id. at
1238.
28 U.S.C. § 1927 allows a district court to sanction “[a]ny attorney or other
person admitted to conduct cases in any court of the United States or any Territory
thereof who so multiplies the proceedings in any case unreasonably and
vexatiously . . .” 28 U.S.C. § 1927 (emphasis added). Bischoff contends that this
statute could not be applied once he withdrew from the case. However, we can
discern no such limitation from the statute. And, Bischoff provides no reason or
authority for imposing such a limitation. To the contrary, the statute plainly
applies to “any attorney . . . admitted to conduct cases,” and is not limited to the
current attorney of record at the time a sanction is made. Id.
Accordingly, we find no error and affirm the district court’s affirmance of
the magistrate judge’s order.
AFFIRMED.
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