Billionaire South Florida energy tycoon Harry Sargeant III is off the hook for costs in a lawsuit he voluntarily withdrew from federal court after the U.S. Court of Appeals for the Eleventh Circuit found that a rule reserved for similar scenarios didn’t apply in this case.
Sargeant, a former U.S. Marine Corps officer and fighter pilot, is a major Republican Party donor and runs a network of global companies focused on aviation, oil and asphalt shipping. One of his companies, International Oil Trading Co., supplied aircraft fuel to the U.S. military during the Iraq War.
The underlying legal dispute began in February 2018, when Sargeant accused his brother, Daniel, and others of hacking into his email account and a computer server belonging to the family business. Sargeant’s complaint alleges hundreds of private files were taken from the Palm Beach County-based server.
Among them: sex tapes—or, “extremely sensitive videos and photographs of intimate activity and private consensual relations,” as the lawsuit describes them.
Sargeant alleged the defendants, as part of a smear campaign against him, also accessed information about his private business ventures, including testing of a new steam generator system that was in development.
One of the defendants, U.K. solicitor Daniel Hall, a director at legal services firm Burford Capital, and was investigating a “bitter, global feud” with Harry Sargeant for a client who allegedly sought to exploit a rift between the brothers, according to the lawsuit.
Hall moved to dismiss for failure to state a claim, prompting a report from a magistrate judge who recommended U.S. District Judge Beth Bloom grant the motion. But before the judge could decide, Sargeant ended the case himself by withdrawing the suit and refiling in Palm Beach Circuit Court.
Hall sought to recover costs from the first case under Federal Rule of Civil Procedure Rule 41(d), which says that if a plaintiff dismisses their complaint in one court, then brings the same claim in another, a judge can order them to pay all or some of the previous case’s costs. The judge can also halt the second case until the plaintiff complies.
Defendant Hall argued that rule should apply to him, but the district court disagreed.
That was the right call, according to the appellate panel, which analyzed the rule’s language and found its hands were tied because Sargeant had filed his second complaint in state court—not federal.
The panel also found Hall can only move for costs in the new case, even though there seems to be no remedy for him in Florida.
“We recognize that there may be situations where a plaintiff dismisses a federal action and refiles it in state court it in state court in a state lacking a procedural mechanism equivalent to Rule 41(d), leaving a defendant like Mr. Hall without a remedy for obtaining the costs of the previous action,” the opinion said. “But ‘[w]hatever merits th[is] and other policy arguments may have,’ we cannot ‘rewrite [Rule 41(d)] to accommodate them.’ ”
Sargeant came under scrutiny in October 2019 for meeting with two businessmen at an industry convention, sparking allegations that he helped shepherd contracts between Ukraine’s state-owned oil and gas companies to help allies of President Donald Trump obtain compromising material on former Vice President Joe Biden.
Sargeant has denied any involvement, and his attorney released a statement stressing that Sargeant has no ties to Ukraine.
This was a case of first impression for the appellate panel, which conceded there was little case law to go from.
“It does not appear that any other circuit has tackled this question, and the handful of district courts that have reviewed the issue have reached different conclusions,” the opinion said. “but the two district courts that awarded costs where the second action was filed in state court did not conduct a textual analysis.”
The two courts that have analyzed Rule 41(d) ruled the same way, according to the opinion.
Harry Sargeant’s attorneys, Christopher Kise, Joshua Hawkes, Melissa Coffey, Ramon Abadin and Gregory Coleman of Foley & Lardner’s Tallahassee, Coral Gables and West Palm Beach offices, did not respond to a request for comment by deadline.
Counsel to Hall, Andrew Goldsmith and Derek Ho of Kellogg Hansen Todd Figel & Frederick in Washington, D.C., and Armando Cordoves and Samuel Danon of Hunton Andrews Kurth in Miami also did not respond.
Eleventh Circuit Judge Adalberto Jordan wrote the ruling, backed by Judge Jill Pryor and Chief U.S. District Judge L. Scott Coogler, sitting by designation.
Read the ruling:
via Law.com – Newswire https://www.law.com/
March 3, 2020 at 04:07PM