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Redner's Markets, Inc. v. Joppatowne G.P., 4th Cir. (2015)
Redner's Markets, Inc. v. Joppatowne G.P., 4th Cir. (2015)
No. 14-1527
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:11-cv-01864-RDB)
Submitted:
Decided:
April 2, 2015
PER CURIAM:
Joppatowne
G.P.
Limited
Partnership
(Joppatowne)
appeals
to
strike
and
to
dismiss
the
contempt
motion,
and
We affirm.
Shillitani
v.
United
States,
v.
U.S.
364,
370
384
Garcia,
682
F.3d
958,
970
(11th
Alderwoods Group,
Cir.
2012)
(citing
Cromer v.
Kraft Foods N. Am., Inc., 390 F.3d 812, 821 (4th Cir. 2004)
(quoting In re Gen. Motors Corp., 61 F.3d 256, 258 (4th Cir.
1995)).
Civil
contempt
is
an
appropriate
sanction
if
[the
specific
violated.
detail
an
unequivocal
command
which
party
has
recognized
compensation.
that
attorneys
fees
may
be
appropriate
61 F.3d at 259.
To establish civil contempt, a movant must show by clear
and convincing evidence:
which
the
alleged
contemnor
had
actual
or
constructive
knowledge; (2) the decree was in the movants favor; (3) the
alleged
decree
contemnor
and
had
by
its
knowledge
conduct
(at
violated
least
the
terms
constructive)
of
the
of
such
JTH
Tax, Inc. v. H&R Block E. Tax Servs., Inc., 359 F.3d 699, 705
(4th
Cir.
2004)
(citations
and
quotation
marks
omitted).
United States
Moreover, a
In re Under
Seal, 749 F.3d 276, 285 (4th Cir. 2014) (citations omitted).
When a district courts decision is based on an interpretation
of its own order, our review is even more deferential because
district courts are in the best position to interpret their own
orders.
Jury Subpoena (T-112), 597 F.3d 189, 195 (4th Cir. 2010).
With these principles in mind, we have reviewed the record
and the parties briefs, and we conclude that the district court
did not err or abuse its discretion in granting the contempt
motion and denying Joppatownes motions to strike and dismiss.
Accordingly,
we
affirm
the
district
courts
order.
Redners has moved for attorneys fees and costs on appeal, and
Joppatowne opposes the motion.
To the extent
that
Redners
seeks
additional
compensation
as
remedy
for
to
seek
such
compensation
in
the
district
court.
We
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED