Metro Display Advertising, Inc. v. City of Victorville
Docket: No. 02-1452
Court: Court of Appeals for the Federal Circuit; October 2, 2002; Federal Appellate Court
Victorville's motion to dismiss Metro Display Advertising's appeal for lack of jurisdiction is granted. The court recognizes Metro Display's failure to respond to Victorville's motions, including the motion for sanctions. Metro Display previously filed a lawsuit against Victorville for constitutional and civil rights violations, but the district court dismissed the case for lack of standing and failure to prosecute. An appeal to the Ninth Circuit was also dismissed for failure to prosecute. Subsequently, Metro Display sought relief under Fed. R. Civ. P. 60(b), which the district court denied, leading to the current appeal. The court asserts that it lacks jurisdiction over this appeal, as it is a court of limited appellate jurisdiction. The previous appeal was appropriately directed to the Ninth Circuit. Victorville seeks $13,720 in costs and fees, and the court awards $7,615 in sanctions for the frivolous nature of the appeal. Metro Display and its counsel are found jointly and severally liable for this amount. The court clarifies that it has the authority to impose sanctions under Fed. R. App. P. 38, despite lacking jurisdiction over the appeal itself. The following orders are issued: 1) Victorville's motion to dismiss is granted, 2) Victorville's motion for judicial notice is granted, and 3) Victorville's motion for sanctions is granted in part.