Case: Sines v. Kessler

3:17-cv-00072 | U.S. District Court for the Western District of Virginia

Filed Date: Oct. 11, 2017

Case Ongoing

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Case Summary

In this case, ten private citizens of Charlottesville, Virginia, sued a host of individuals identified as organizers and promoters of the far-right “Unite the Right” rally held in the city on August 11-12, 2017. The plaintiffs filed this lawsuit on October 11, 2017, in the U.S. District Court for the Western District of Virginia. Represented by private counsel, the plaintiffs invoked state law and 42 U.S.C. § 1985, a Reconstruction Era federal statute creating a cause of action against those who conspire to deprive another citizen of their civil rights, and alleged that the defendant organizers were responsible for the damage their rally caused. This rally, widely covered in the media, precipitated violent and emotionally distressing events such as antisemitic chanting in the streets and at least one death. The plaintiffs sought a declaratory judgment that the defendants' actions deprived them of their equal rights; injunctive relief enjoining defendants from future violations; and compensatory, statutory, and punitive damages. This case was assigned to Judge Norman K. Moon and referred to Magistrate Judge Joel C. Hoppe.

The four years this case spent in pre-trial proceedings have been eventful. After failing to respond, five defendants had default judgments placed against them in early 2018. On July 9, 2018, the court largely denied a motion to dismiss the charges, finding that the plaintiffs adequately alleged that the defendants had formed a conspiracy to hurt Black and Jewish people. Though Judge Moon dismissed one defendant –– later added back after the complaint was amended –– and pared down several of the claims, "the Plaintiffs’ claims largely survive[d]." 324 F. Supp. 3d 765.

Following this failed attempt to dissolve the case, many of the defendants were uncooperative. In April 2019, defendant Jeff Schoep was sanctioned for failing to turn over evidence. In August 2019, the court granted two motions for sanctions against defendants Elliot Kline, Matthew Heimbach, and Vanguard America and awarded the plaintiffs reasonable attorneys' fees, which were determined in May 2020, to be $41,300. On December 23, 2019, the court found defendant Elliott Kline in civil contempt, and in January 2020, he was briefly held in jail for failure to comply with discovery orders. The court similarly found Robert Ray in civil contempt on September 16, 2020. As a result of this discovery abuse, the court granted adverse evidentiary inferences against three of the defendants.

On August 7, 2020, a group of defendants under the League of the South umbrella and defendant Richard Spencer separately filed for summary judgment. The former motion was denied on March 31, 2021, because the court found there to be material conflicts in the evidence. The latter was struck on May 19, 2021 as untimely.

In a September 3, 2021 memorandum opinion, the court explained at length that plaintiffs had adequately pled sufficient factual allegations as to all of their claims against defendants. Therefore, the court found, that none of the defendants could show that there was no genuine dispute of material fact such that a jury could not find in plaintiffs' favor. 558 F.Supp.3d 250 (Federal Reporter citation forthcoming).

After a nearly month-long trial, on November 19, 2021, a jury found the defendants liable and awarded over $26 million in damages, of which $11 million was punitive.

A number of post-verdict motions followed. Several defendants moved piecemeal: for a new trial and/or judgment as a matter of law (December 6, 2021); for a directed verdict (January 7, 2022); to alter the judgment (March 3, 2022; March 9, 2022); for default judgment (March 9, 2022); and reduction of punitive damages (March 9, 2022).

On the other side of the v., on March 9, 2022, the plaintiffs moved for an award of $12.7 million in attorneys' fees. The bulk of the award ($8.3 million) was for time spent litigating discovery, pre-trial motions ($2.2 million), and trial ($1.9 million), the remainder was for investigation, motions to dismiss, and motions for fees & costs. Counsel had previously been awarded about $147,000 in fees for small portions of their work.

On March 30, 2022, the court awarded the Plaintiffs a total of $18,567.50 in reasonable attorney's fees from Defendant Robert Azzmador Ray.

The Court responded to some of the numerous post-trial motions, including a renewed request for a judgment as a matter of law, and a request for a new trial on December 20, 2022. 2022 WL 18026336. The court affirmed the jury verdict finding all defendants liable for their conduct relating to the Unite the Right rally, reduced the punitive damages awarded due to the Virginia statutory cap on punitive damages, but otherwise affirmed the jury’s verdict. The Court found that there was sufficient evidence to support the jury verdicts holding the defendants liable for common law civil conspiracy. The court did find, however, that the amount of punitive damages awarded had been in error due to Va. Code Ann. §8.01-38.1. The damages cap, the court stated, applied not to individual plaintiffs, but to the action as a whole.

Additionally, the nature of the case as a civil rights case had no impact because there was no exception to the punitive damages cap for such cases. The court did, however, find the capped damages appropriate and not excessive per the Fourteenth Amendment. The court argued first that the ratio of punitive damages to compensatory damages was low when capped and that the conduct in question was deplorable. Therefore the punitive damages were capped at the statutory $350,000 but the remaining $15 million in compensatory damages were affirmed.

On January 9, 2023, a judgment was entered affirming the jury’s decision in favor of the plaintiffs on counts III, IV, V, and VI. As the jury could make no determination on counts I and II(I: that one or more of the defendants conspired to commit racially motivated violence, and II: that they knew of the alleged conspiracy and failed to try to stop it), a mistrial was declared as to those counts. Finally, this case was dismissed from the active docket.

On January 28, 2023, Richard Spencer filed a notice of appeal with the U.S. Court of Appeals for the Fourth Circuit. Many defendants followed suit in filing appeals.

On February 8, 2023, plaintiffs cross-appealed the final judgment only on the count of the reduction of punitive damages.

On March 7, 2023, the Magistrate Judge published his Report and Recommendation on attorneys fees and costs. The Judge argued that because the plaintiffs failed to receive a result on counts I and II of their complaint, the Federal counts, the court was required to look to Virginia state law for its answers regarding costs and fees. Virginia, the Judge argued, does not allow fee shifting except for work related to violations of Va. Code § 8.01-42.1(A). In this particular case only count IV violated that statute. Only defendants Kessler, Spencer, Kline, Ray, Cantwell, and Fields were found to have subjected the Plaintiffs to racial, religious, or ethnic harassment, intimidation, or violence on August 11–12, 2017(count IV). While other defendants may have been found to be a party to a conspiracy intertwined with the actions that constituted count IV, the Judge determined that individuals who were non-parties to the specific count could not be held liable for it, and thus only the aforementioned named defendants were held jointly and severally liable for reasonable costs and attorney’s fees associated with count IV.

Plaintiffs' attorneys’ billed their hours in groupings based on types of work, rather than specific counts, and because the counts were so interconnected, pieces of work done for one count might also have been associated with another count. However, the Judge determined that much of the work done for the case was related to proving counts I-III because the conspiracy counts were the most complicated to litigate. As such, the judge recommended the Plaintiffs' attorneys be awarded $3.18 million dollars in fees (about 25% of their requested fees), for which the six defendants found guilty of count IV were to be held responsible, and $468,216.15 in costs for which all seventeen defendants were found jointly and severally liable. Additionally, the Magistrate Judge determined that the Plaintiffs were entitled to recover $1,266,420.84 in discovery costs pursuant to a November 9, 2018, Electronically Stored Information Stipulation and Order (ESI).

Senior Judge Norman Moon signed an order adopting the March 7 Report and Recommendation on March 30, 2023. On July 10, 2023, the Fourth Circuit consolidated the appeals cases to No. 23-1123. The appeals with the Fourth Circuit are ongoing.

	Document
3:17-cv-00072	Docket [PACER]	May 27, 2021	May 27, 2021 Docket
1 3:17-cv-00072	Complaint	Oct. 11, 2017	Oct. 11, 2017 Complaint
175 3:17-cv-00072	First Amended Complaint	Jan. 5, 2018	Jan. 5, 2018 Complaint
304 3:17-cv-00072	Memorandum Opinion & Order	April 20, 2018	April 20, 2018 Order/Opinion 2018 U.S.Dist.LEXIS 133124
335 3:17-cv-00072	Memorandum Opinion	July 9, 2018	July 9, 2018 Order/Opinion 324 F.Supp.3d 765
415 3:17-cv-00072	Memorandum Opinion	Feb. 19, 2019	Feb. 19, 2019 Order/Opinion 2019 WL 691788
539 3:17-cv-00072	Memorandum Opinion	Aug. 9, 2019	Aug. 9, 2019 Order/Opinion 2019 WL 3767475
557 3:17-cv-00072	Second Amended Complaint	Sept. 17, 2019	Sept. 17, 2019 Complaint
738 3:17-cv-00072	Memorandum Opinion	May 26, 2020	May 26, 2020 Order/Opinion 2020 WL 2736434
741 3:17-cv-00072	Memorandum Opinion & Order	May 27, 2020	May 27, 2020 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Andrew Anglin, Augustus Sol Invictus, Christopher Cantwell, Nathan Damigo, East Coast Knights of The Ku Klux Klan, James Alex Fields, Jr, Fraternal Order of the Alt-Knights, Matthew Heimbach, Michael Hill, Identity Evropa, Jason Kessler, Elliot Kline, League of the South, Loyal White Knights of The Ku Klux Klan, Moonbase Holdings, LLC, National Socialist Movement, Nationalist Front, Matthew Parrott, Michael "Enoch" Peinovich, Robert "Azzmador" Ray, Jeff Schoep, Richard Spencer, Traditionalist Worker Party, Michael Tubbs, Vanguard America (Filing & Administrative fee $ 400 paid by e-receipt 0423-2765137), filed by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair. (Attachments: # 1 Civil Cover Sheet)(hnw) Modified on 10/13/2017 (ca). (Entered: 10/12/2017) 1 Civil Cover Sheet View on RECAP	Oct. 11, 2017	Oct. 11, 2017 Clearinghouse
2	DEMAND for Trial by Jury by Marissa Blair, John Doe, Jane Doe 1, Jane Doe 2, Jane Doe 3, Tyler Magill, Marcus Martin, April Muniz, Hannah Pearce, Elizabeth Sines, Seth Wispelwey (Cahill, Robert)	Oct. 13, 2017	Oct. 13, 2017 RECAP
3	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Nathan Damigo.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
4	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Michael Enoch Peinovich.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
5	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Matthew Heimbach.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
6	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Michael Hill.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
7	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Matthew Parrott.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
8	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Robert Azzmador Ray.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
9	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Jeff Schoep.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
10	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Richard Spencer.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
11	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Michael Tubbs.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 PACER
12	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Andrew Anglin.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 RECAP
13	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Augustus Sol Invictus.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 RECAP
14	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Christopher Cantwell.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 RECAP
15	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to James Alex Fields, Jr.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 RECAP
16	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Jason Kessler.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 RECAP
17	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Elliot Kline.(Cahill, Robert)	Oct. 17, 2017	Oct. 17, 2017 RECAP
18	Electronic Summons Issued as to Andrew Anglin NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
19	Electronic Summons Issued as to Augustus Sol Invictus NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
20	Electronic Summons Issued as to Christopher Cantwell NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
21	Electronic Summons Issued as to Elliot Kline NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 RECAP
22	Electronic Summons Issued as to James Alex Fields, Jr NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
23	Electronic Summons Issued as to Jason Kessler NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 RECAP
24	Electronic Summons Issued as to Jeff Schoep NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
25	Electronic Summons Issued as to Matthew Parrott NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
26	Electronic Summons Issued as to Matthew Heimbach NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
27	Electronic Summons Issued as to Michael Hill NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
28	Electronic Summons Issued as to Michael Tubbs NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
29	Electronic Summons Issued as to Michael Enoch Peinovich NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
30	Electronic Summons Issued as to Nathan Damigo NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
31	Electronic Summons Issued as to Richard Spencer NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
32	Electronic Summons Issued as to Robert Azzmador Ray NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)	Oct. 18, 2017	Oct. 18, 2017 PACER
33	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Fraternal Order of the Alt-Knights.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER
34	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to National Socialist Movement.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER
35	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to League of the South.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER
36	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Nationalist Front.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER
37	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Moonbase Holdings, LLC.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER
38	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Vanguard America.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER
39	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Identity Evropa.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER
40	Proposed Summons by Jane Doe 3, Tyler Magill, Jane Doe 1, Elizabeth Sines, Hannah Pearce, Marcus Martin, Seth Wispelwey, April Muniz, John Doe, Jane Doe 2, Marissa Blair as to Loyal White Knights of The Ku Klux Klan.(Cahill, Robert)	Oct. 19, 2017	Oct. 19, 2017 PACER

Case: Sines v. Kessler

3:17-cv-00072 | U.S. District Court for the Western District of Virginia

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