Monica Ball v. Stylecraft Homes, LLC
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cv-00246-REP. Copies to all parties and the district court/agency. [999329203]. [13-1946]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1946
MONICA L. BALL,
Plaintiff – Appellant,
v.
STYLECRAFT HOMES, LLC; RICHARD KUHN; JOSHUA CREEL; JOHN
RICE; RESIDENTIAL WARRANTY COMPANY, LLC; HENRICO COUNTY;
GREGORY H. REVELS, Henrico County Building Official;
RICHARD MOORE, Henrico County Building Official; CHARLES
JONES, Henrico County Building Official; CARL RANSONE,
Henrico County Building Official; JOSEPH RANSONE, Henrico
County Building Official; GRAHAM HENDERSON; CHARLES TONEY;
JOHN DOE (INSPECTORS), in their Official and Individual
capacities jointly and severally,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:13-cv-00246-REP)
Submitted:
March 26, 2014
Decided:
April 3, 2014
Before MOTZ, AGEE, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jerrod M. Smith, JERROD MYRON SMITH & ASSOCIATES, Richmond,
Virginia, for Appellant.
Charles A. Gavin, CAWTHORN, DESKEVICH
& GAVIN, P.C., Richmond, Virginia; Benjamin A. Thorp, Henrico,
Virginia; John Owen, HARMAN, CLAYTOR, CORRIGAN & WELLMAN,
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Richmond, Virginia; Edward J. Baines, Carolyn Due, SAUL EWING,
LLP, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Monica Ball appeals the district court order denying
her
motion
Federal
to
vacate
Arbitration
an
Act
arbitration
(“FAA”),
dismissing her civil complaint.
district
failed
court’s
to
dispositive
establish
matter jurisdiction.
a
9
award
U.S.C.
the
(2012),
§ 10
to
and
On appeal, Ball challenges the
conclusion
basis
pursuant
for
that
exercising
her
pleadings
federal
subject
Finding no error, we affirm.
We review questions of subject matter jurisdiction de
novo.
In
re
Kirkland,
600
F.3d
310,
314
(4th
Cir.
2013).
Federal jurisdiction may lie either on the basis of diversity of
citizenship,
28
U.S.C.
§ 1332
(2012),
or
federal question, 28 U.S.C. § 1331 (2012).
the
existence
of
a
A federal court may
exercise federal question jurisdiction over an action “arising
under the Constitution, laws, or treaties of the United States.”
Id.
a
“Under the longstanding well-pleaded complaint rule, . . .
suit
arises
under
federal
law
only
when
the
plaintiff’s
statement of his own cause of action shows that it is based upon
federal law.”
Vaden v. Discover Bank, 556 U.S. 49, 60 (2009)
(internal quotation marks and alteration omitted).
Thus, to
determine whether an action arises under the laws of the United
States, a court must examine the operative pleading to “discern
whether federal or state law creates the cause of action” and,
if
the
claim
is
not
created
by
3
federal
law,
whether
“the
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plaintiff’s right to relief necessarily depends on resolution of
a substantial question of federal law.”
402
F.3d
430,
omitted).
442
(4th
Cir.
2005)
Pinney v. Nokia, Inc.,
(internal
quotation
marks
To support federal jurisdiction, the federal question
must be substantial, not frivolous or pretextual.
Lovern v.
Edwards, 190 F.3d 648, 654-55 (4th Cir. 1999).
Under the FAA, a party to an arbitration may petition
the district court to vacate, modify, or correct the arbitration
award,
regardless
of
whether
an
initial
arbitration was brought in federal court.
11
(2012).
With
regard
to
suit
to
compel
See 9 U.S.C. §§ 10,
“jurisdiction
over
controversies
touching arbitration,” the FAA “is something of an anomaly,” as
“[i]t bestows no federal jurisdiction but rather requires for
access to a federal forum an independent jurisdictional basis
over the parties’ dispute.”
quotation
marks
and
Vaden, 556 U.S. at 59 (internal
alterations
omitted).
Where
the
action
otherwise satisfies a court’s jurisdictional requirements, the
FAA
“makes
enforceable,’
contracts
so
long
to
as
arbitrate
their
‘valid,
subject
irrevocable,
involves
and
‘commerce.’
. . . whether enforcement be sought in state court or federal.”
Hall
St.
Assocs.,
L.L.C. v.
Mattel,
(2008) (quoting 9 U.S.C. § 2 (2012)).
Inc.,
552
U.S.
576,
582
Thus, whether the dispute
demonstrates a nexus to commerce sufficient to fall within the
scope of the FAA is a separate inquiry from the existence of
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either diversity of citizenship or a federal question adequate
to confer federal subject matter jurisdiction.
On
court’s
appeal,
conclusion
Ball
that
does
she
not
challenge
failed
to
the
district
establish
federal
jurisdiction based on diversity of citizenship and has therefore
abandoned appellate review of this issue.
See United States v.
Hudson, 673 F.3d 263, 268 (4th Cir. 2012) (noting that issues
not raised in opening brief are deemed abandoned).
Moreover,
Ball’s own pleadings clearly establish that the parties are not
completely
diverse,
as
required
to
confer
diversity
jurisdiction.
Ball
primarily
argues
that
she
has
invoked
federal
question jurisdiction based on the nexus between her allegations
and interstate commerce.
Because Ball did not fairly raise this
argument in her responsive pleadings in the district court, it
is not properly before us.
See Muth v. United States, 1 F.3d
246, 250 (4th Cir. 1993) (recognizing that issues raised for
first time on appeal generally will not be considered).
In any
event, Ball’s attempt to establish a federal question based on a
vague
connection
to
unavailing.
Ball
commerce
invoke
question”
to
conflates
requirement
jurisdiction.
“interstate
the
FAA
the
requirement
with
necessary
commerce”
to
the
is
of
a
entirely
nexus
independent
establish
with
“federal
subject
matter
Thus, the authority on which she relies is wholly
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inapposite
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to
the
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existence
of
federal
subject
matter
jurisdiction in her case.
In her pleadings filed in the district court, 1 Ball
made no attempt to assert a federal claim for relief.
Nor did
she assert facts that would give rise to a substantive issue of
federal
law.
Review
of
Ball’s
claims
and
challenge
to
the
arbitrator’s award would not require the district court to apply
or analyze the Commerce Clause.
Simply put, Ball’s complaint
asserted only state-law claims for relief, notwithstanding any
vague connection the underlying fact pattern may have to federal
regulations or to interstate commerce. 2
court
correctly
concluded
that
it
Therefore, the district
lacked
subject
matter
jurisdiction and properly dismissed the action.
Accordingly, we affirm the district court’s judgment.
We
dispense
with
oral
argument
because
the
facts
and
legal
1
As the district court noted, “[t]he FAA sets forth the
sole method to challenge an arbitration award—by serving a
motion to vacate . . . —and does not permit a party to initiate
a challenge to an arbitration award by filing a complaint.” ANR
Coal Co. v. Cogentrix of N.C., Inc., 173 F.3d 493, 496 n.1 (4th
Cir. 1999) (internal citation and quotation marks omitted).
2
Insofar as Ball attempts to raise a due process argument
on appeal, that argument was not raised in the district court
and is not properly before us. See Muth, 1 F.3d at 250.
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contentions
are
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adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
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