Armstead v. Allstate Property & Casualty Insurance Company

Filing 197

OPINION AND ORDER. Respondent Sandra Finch's Motion for Reconsideration of the Court's November 21, 2017, Order Denying Supersedeas and Ordering Posting of Bond 196 is GRANTED subject to the conditions stated below. Respondent Sandra Finc h shall, on or before December 8, 2017, deposit $1,548.00, plus interest, into the Registry of the Court. These funds shall be held in the Registry pending the U.S. Supreme Court's decision as to whether it will grant or deny certio rari regarding the Eleventh Circuit's decision dated July 14, 2017. If the U.S. Supreme Court denies Ms. Finch's petition for writ of certiorari, or Ms. Finch does not perfect her petition for writ of certiorari by December 12, 2017, or M s. Finch fails to comply with the rules regarding the filing and briefing of a petition for writ of certiorari, Ms. Finch shall, within thirty (30) days of the denial, or the failure to comply, whichever is sooner, submit the Article required by this Court's November 8, 2017, order. Signed by Judge William S. Duffey, Jr on 11/29/2017. c:Financial Office(bgt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ELAINE ARMSTEAD,
Plaintiff,
v.

1:14-cv-586-WSD

ALLSTATE PROPERTY &
CASUALTY INSURANCE
COMPANY,
Defendant,
SANDRA FINCH,
Respondent.

OPINION AND ORDER
This matter is before the Court on Respondent Sandra Finch’s
(“Respondent”) Motion for Reconsideration of the Court’s November 21, 2017,
Order Denying Supersedeas and Ordering Posting of Bond [196] (“Motion for
Reconsideration”).
On December 6, 2016, December 21, 2016, and November 8, 2017, the
Court entered orders, ([165]; [167]; [189]), requiring Respondent to pay Defendant
Allstate Property & Casualty Insurance Company (“Defendant”) $1,548.00 in
attorneys’ fees (the “Amount”) and personally author and submit for publication to
the Georgia Bar Journal and the Arizona Attorney an article discussing the

practical and legal consequences of failing to be candid with the court and comply
with court rules and orders (the “Article”). On November 11, 2017, Respondent
filed a Motion to Stay Mandate Pending Ruling on Petition for Writ of Certiorari
[191] (“Motion to Stay”) arguing that a stay is appropriate under Rule 62(f) of the
Federal Rules of Civil Procedure, and that she is not required to post a supersedeas
bond. On November 21, 2017, the Court issued an order denying Respondent’s
Motion to Stay. ([195] “November 21st Order”). The November 21st Order also
ordered Respondent to deposit $1,548.00, plus interest, into the Registry of the
Court and held that, should the U.S. Supreme Court deny Respondent’s petition,
she shall, within thirty (30) days, submit the article required by the Court’s
November 8, 2017, order.
On November 11, 2017, Respondent filed her Motion for Reconsideration
reiterating her argument that this Court should stay its previous orders sanctioning
her, and impliedly the Eleventh Circuit’s Mandate, pending the consideration of
her not-yet-filed1 petition for writ of certiorari. ([188]). In it, Respondent
reiterates her argument that she is entitled to a stay under Georgia law pursuant to

1

According to Respondent, the deadline to file her petition for writ of
certiorari is December 12, 2017. ([191] at 4).

2

Rule 62(f) of the Federal Rules of Civil Procedure and O.C.G.A § 5-6-46.2
Respondent also complains about the “lack of notice” of this Court’s November
21st Order because it was filed two days prior to the Thanksgiving holiday.
Upon reconsideration, the Court grants Respondent’s request for a stay
subject to two conditions. First, should the U.S. Supreme Court deny
Respondent’s petition for writ of certiorari, or should Respondent fail to perfect her
petition by December 12, 2017, by not complying with the rules for the filing or
briefing of the petition, Respondent shall, within thirty (30) days of the denial, or
failure to perfect, whichever is sooner, submit the Article required by this Court’s
November 8, 2017, order.
Second, Respondent shall post a supersedeas bond in the amount required to
be paid to Allstate Property & Casualty Insurance Company. Georgia law provides
this Court with the discretion to order Respondent to post a supersedeas bond in
this instance. Northside Bank v. Mountainbrook of Bartow Cty. Homeowners
Ass'n, Inc., 338 Ga. App. 126, 133, 789 S.E.2d 378, 385 (Ga. Ct. App. 2016)

2

In her haste to respond to the Court’s Order, Respondent once again
improperly cites the grounds entitling her to a stay. Respondent wrongly cites
O.C.G.A. § 9-11-62(f). It is apparent to the Court that Respondent meant to cite
Rule 62(f) of the Federal Rules of Civil Procedure. The Court also notes that
Respondent’s Motion to Reconsider is fraught with spelling errors. The errors
include, for example, “supersedas,” “elimiate,” and “judgement.” ([196] at 1-2).

3

(“Under O.C.G.A. § 5-6-46 (a), the trial court has the discretion to require the
posting of a supersedeas bond to cover the costs of appeal, the delay, and the
judgment, if affirmed.”). Section 5-6-46(e) also provides that “[n]othing in this
Code section shall deprive the superior courts of their separate power to grant
supersedeas under paragraph (1) of Code Section 15-6-9 nor deprive the appellate
courts of the power to grant supersedeas in such manner as they may determine to
meet the ends of justice.” See O.C.G.A. § 5-6-46 (e); see also Wastecare
Corporation v. Shredderhotline.com Co., No. 2:11-cv-297-WCO, 2014 WL
12538195, at *3 (N.D. Ga. May 23, 2014).
Here, Respondent has failed to demonstrate why paying the Amount into the
Registry of the Court is impossible or impractical. Respondent has consistently
sought to delay the enforcement of the Court’s sanctions orders, and has also
represented that she may be unable to pay the judgment amount. To ensure that
such payment will be made in the event that Respondent’s petition for writ of
certiorari is denied, or not perfected by the December 12, 2017, deadline, the Court
believes it is reasonable and necessary to have Respondent post bond equal to the
amount that she may later have to pay.

4

For the foregoing reasons,
IT IS HEREBY ORDERED that Respondent Sandra Finch’s Motion for
Reconsideration of the Court’s November 21, 2017, Order Denying Supersedeas
and Ordering Posting of Bond [196] is GRANTED subject to the conditions stated
below.
IT IS FURTHER ORDERED that Respondent Sandra Finch shall, on or
before December 8, 2017, deposit $1,548.00, plus interest,3 into the Registry of the
Court. These funds shall be held in the Registry pending the U.S. Supreme Court’s
decision as to whether it will grant or deny certiorari regarding the Eleventh
Circuit’s decision dated July 14, 2017.
IT IS FURTHER ORDERED that if the U.S. Supreme Court denies Ms.
Finch’s petition for writ of certiorari, or Ms. Finch does not perfect her petition for
writ of certiorari by December 12, 2017, or Ms. Finch fails to comply with the
rules regarding the filing and briefing of a petition for writ of certiorari, Ms. Finch
shall, within thirty (30) days of the denial, or the failure to comply, whichever is
sooner, submit the Article required by this Court’s November 8, 2017, order.

3

This is the amount due to Defendant Allstate Property & Casualty Insurance
Company should Ms. Finch fail to succeed on her appeal to the United States
Supreme Court. ([189]).
5

SO ORDERED this 29th day of November, 2017.

6