United Transportation Union v. City of Albuquerque
664 F.3d 792
10th Cir.2011Background
- This appeal concerns whether Bean, a court reporter, is entitled to payment for transcripts in the FLSA action between United Transportation Union Local 1745 and the City of Albuquerque; Livingston, plaintiff-side counsel, did not order or obtain transcripts from Bean.
- The district court on remand vacated a lien on Bean’s fees and ordered disbursement of $4,159.02 to Bean; Livingston appeals.
- The prior appeal held Bean had no proprietary interest in the transcripts and that Livingston’s conduct to obtain copies via public records requests did not entitle Bean to payment.
- Bean attempted to intervene and object in the earlier appeal but did not participate as a party; this court reversed in 2009, remanding the case and leaving Bean with no party status in the district proceedings.
- On remand, the district court vacated the lien and disbursed funds to Livingston; Bean now appeals seeking to challenge that order, but the court concludes it lacks jurisdiction over a non-party challenge and also denies sanctions to Livingston.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bean, as a non-party, may pursue this appeal | Bean has a unique interest and can appeal under Plain/Devlin principles | Bean did not intervene or become a party and thus cannot appeal | Court lacks jurisdiction to review Bean's challenge |
| Whether sanctions against Bean are warranted under Rule 38 | District court should recognize Bean’s conduct as sanctionable | Sanctions require a separate motion or notice under Rule 38 | Sanctions denied |
Key Cases Cited
- Plain v. Murphy Family Farms, 296 F.3d 975 (10th Cir. 2002) (nonparty heirs may appeal where they have a unique interest and timely intervened or opposed)
- Devlin v. Scardelletti, 536 U.S. 1 ((S. Ct. 2002)) (unnamed class members may appeal in timely objections to settlements)
- Marino v. Ortiz, 484 U.S. 301 (1988) (nonparties generally cannot appeal district court judgments; timely intervention required)
- Southern Utah Wilderness Alliance v. Kempthorne, 525 F.3d 966 (10th Cir. 2008) (nonparties who wait to raise objections after merits decision may be barred)
- United Transp. Union Local 1745 v. City of Albuquerque, 352 F. App’x 227 (10th Cir. 2009) (prior holding that Bean had no proprietary interest in transcripts)