Shavonda Smith v. Paxton Media Group, LLC, No. 22-2342 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Kelly, and Grasz, Circuit Judges] Civil case. The district court's dismissal of plaintiff's RICO claims is affirmed without comment; the district court did not abuse its discretion in denying plaintiff's motions for stay and reconsideration.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2342 ___________________________ Shavonda Smith lllllllllllllllllllllPlaintiff - Appellant v. Paxton Media Group, LLC; David M. Paxton, President and CEO, Individually and in his official capacity lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Northern ____________ Submitted: March 21, 2023 Filed: March 24, 2023 [Unpublished] ____________ Before COLLOTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM. Shavonda Smith appeals following the district court’s1 adverse grant of summary judgment in her counseled civil action. After careful review of the record and the parties’ arguments on appeal, we affirm. We conclude that the district court properly dismissed Smith’s claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), as she failed to state a civil RICO claim. See Waters v. Madson, 921 F.3d 725, 734 (8th Cir. 2019) (dismissal for failure to state claim is reviewed de novo). As to the district court’s denial of Smith’s motion for a stay pursuant to Federal Rule of Civil Procedure 56(d), we find no abuse of discretion in the district court’s ruling, or in the court’s denial of Smith’s subsequent motion for reconsideration. See Toben v. Bridgestone Retail Operations, LLC, 751 F.3d 888, 894 (8th Cir. 2014) (district court’s denial of Rule 56(d) motion is reviewed for abuse of discretion); Peterson v. Travelers Indem. Co., 867 F.3d 992, 997 (8th Cir. 2017) (reviewing ruling on motion for reconsideration for abuse of discretion). Finally, we conclude that summary judgment was proper as to Smith’s remaining claims. See Said v. Mayo Clinic, 44 F.4th 1142, 1147 (8th Cir. 2022) (grant of summary judgment is reviewed de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas. -2-
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