Federal National Mortgage Ass'n v. Jonathon Bell, No. 14-1014 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1014 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff - Appellee, v. JONATHON P. BELL, Defendant - Appellant, and CG BELLKOR, LLC, Defendant, KYLE A. STEPHENSON, Receiver. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David Novak, Magistrate Judge. (3:13-cv-00039-DJN-MHL) Submitted: May 30, 2014 Before KEENAN Circuit Judge. and DIAZ, Decided: Circuit Judges, and Affirmed in part, dismissed in part, vacated remanded by unpublished per curiam opinion. June 23, 2014 DAVIS, in Senior part, and Jonathon P. Bell, Appellant Pro Se. John David Folds, BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Washington, DC, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Jonathon granting Federal Bell appeals National the Mortgage district court s Association s orders motion for summary judgment, finding Bell personally liable for $17,959.67 for civil contempt, and issuing a show cause order as to whether Bell should be held in criminal contempt. We affirm in part, dismiss in part, vacate in part, and remand for a recalculation of damages as to Bell. This Court review[s] the ultimate decision as to whether the contempt was proper for abuse of discretion, the underlying legal questions de novo, and any factual findings for clear error. In re Under Seal, __ F.3d __, 2014 WL 1465749, at *6 2014) (4th contempt, Cir. a movant (citations must omitted). demonstrate by To clear establish and civil convincing evidence: (1) the existence of a valid decree of which the alleged contemnor had actual or constructive knowledge; (2) that the decree was in the movant s favor; (3) that the alleged contemnor by its conduct violated the terms of the decree, and had knowledge (at least constructive knowledge) of such violations; and (4) that the movant suffered harm as a result. Ashcraft v. Conoco, Inc., 218 F.3d 288, 301 (4th Cir. 2000) (citation and alterations omitted). Civil contempt is an The parties consented to the jurisdiction of a federal magistrate judge pursuant to 28 U.S.C. ยง 636(c). 3 appropriate which sanction sets forth only in if the specific which a party has violated. court detail has an issued an unequivocal order command In re Gen. Motors Corp., 61 F.3d 256, 258 (4th Cir. 1995) (internal quotation marks omitted). Our review of the record leads us to conclude that Bell s transfer of $11,515.21 in funds prior to the district court s entry of its injunction was not in violation of an order of the court. August 27 damages. Accordingly, we vacate the portion of the court s and December 11, 2013 orders related to Bell s We remand the matter to permit the district court to recalculate Bell s liability for damages. Bell s merit. remaining arguments on appeal are without We affirm the district court s order granting summary judgment for the reasons stated by the district court. Fed. Nat l Mortg. Ass n v. Bell, No. 3:13-cv-00039-DJN-MHL (E.D. Va. Oct. 29, 2013). moot Bell s In light of Bell s guilty plea, we dismiss as challenge to the district court s order to cause why he should not be held in criminal contempt. Bell s motion to proceed in forma pauperis and show We grant deny Federal National Mortgage Association s motion to strike Bell s reply brief. legal We dispense with oral argument because the facts and contentions are adequately 4 presented in the materials before this Court and argument would not aid the decisional process. AFFIRMED IN PART; DISMISSED IN PART; VACATED IN PART AND REMANDED
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