STAPLETON, Circuit Judge:
The Church of Scientology Flag Service Organization, Inc. ("Scientology"), appeals from the District Court's order permanently enjoining a Florida state court from sanctioning counsel for the Estate of Kyle Thomas Brennan ("the Brennan Estate") for his continued representation of the Brennan Estate in this matter, in violation of a state court order prohibiting that representation. This appeal requires us to examine the limits imposed by the Anti-Injunction Act, 28 U.S.C. § 2283, and, more specifically, to decide whether the permanent injunction was "necessary in aid of [the District Court's] jurisdiction." Id. We conclude that it was not, and we will therefore reverse and vacate the District Court's injunction.
On February 13, 2009, the Brennan Estate, represented by Kennan Dandar, Esq., named Scientology as a defendant in a wrongful death action filed in the United States District Court for the Middle District of Florida ("the Brennan Action"). The complaint alleged that three Scientology members deprived Kyle Brennan of his psychiatric medication, and that "while in a mentally deteriorated state caused by the abrupt denial of his prescription," he shot and killed himself. Fourteen months later, on April 12, 2010, Dandar filed an "Involuntary Motion to Withdraw as Counsel" for the Brennan Estate, explaining that he had "been ordered to withdraw by a state court judge." (Dkt. 74 at 1.) The motion to withdraw was denied, and Dandar subsequently persuaded the District Court to enjoin enforcement of a state court order imposing sanctions on Dandar for failing to withdraw from the Brennan Action. This appeal followed.
The "state court judge" is Senior Judge Robert Beach of the Circuit Court for Pinellas County, Florida, who presided over another wrongful death action brought against Scientology in 2000 ("the McPherson Action"). The McPherson Action ended in a May 2004 settlement ("the Settlement Agreement") that also covered an action in Texas in which Dandar was both counsel and a named party and adversary of Scientology.
About a month after the Brennan Estate filed its federal wrongful death action, Scientology filed a motion before Judge Beach to enforce a provision of the Settlement Agreement which allegedly prohibited Dandar from participating in any way in any adversarial proceeding against Scientology. Dandar responded by arguing in his briefing before Judge Beach (1) that the Settlement Agreement did not foreclose him from representing the Brennan Estate in the Brennan Action; and (2) that, if it did have that effect, it would be
Scientology then filed a motion before Judge Beach to enforce his June 10, 2009, order, and Dandar responded by filing a motion to void the Settlement Agreement. On February 19, 2010, Judge Beach denied Dandar's motion to void the Settlement Agreement. On April 12, 2010, Judge Beach (1) found Dandar in civil contempt of his order of June 10, 2009, and February 19, 2010; (2) ordered Dandar to pay Scientology damages in the amount of $50,000; (3) directed Dandar to immediately file a motion to withdraw in the Brennan Action; and (4) ordered that if Dandar failed to withdraw from the Brennan Action, a civil penalty of $1,000 per day would accrue against him and his law firm.
Dandar immediately filed his "Involuntary Motion to Withdraw as Counsel" in the Brennan Action, noting as follows:
(Dkt. 74 at 1-2.) On April 22, 2010, the District Court denied the motion to withdraw, noting that (1) the Middle District of Florida's Local Rule 2.03(b) prohibits an attorney from withdrawing from a case without leave of court; (2) the Brennan Estate "vehemently objects to Dandar's withdrawing from the case," because it "cannot find substitute counsel;" and (3) "[d]espite the state court's order[,] ... Dandar remains a member in good standing of The Florida Bar, Dandar is able and willing to represent the plaintiff, and the parties identify neither a conflict of interest nor any other legally cognizable barrier to Dandar's continued representation in this matter." (Dkt. 77 at 1-2.) The Brennan
On May 6, 2010, however, Judge Beach directed Dandar to appear before him to show cause why he should not be held in criminal contempt of the orders of June 10, 2009, and April 12, 2010. In response, the Brennan Estate filed an "Emergency Motion for Injunction" in the Brennan Action requesting an injunction against Scientology "and if necessary, the State Circuit Court to prohibit interference with this Court's orderly progression of this case." (Dkt. 104 at 1, 3.) The District Court denied the motion, ruling as follows:
(Dkt. 108 at 2 (internal citations omitted).)
The following day, however, Judge Beach held a hearing that resulted in further sanctions for Dandar, and, in response, the Brennan Estate filed its "Second Emergency Motion for Permanent Injunction and Motion for Sanctions." The District Court held a hearing on September 28, 2010, and issued an opinion and order that same day granting the Brennan Estate's requested injunction.
(Dkt. 173 at 27-28.) Scientology appealed to this Court.
Meanwhile, Dandar appealed Judge Beach's order of April 12, 2010, arguing in part that the Circuit Court for Pinellas County lacked subject matter jurisdiction over the proceeding to enforce the Settlement Agreement. The Second District Court of Appeals "reverse[d] the circuit court's order to the extent that it awarded $50,000 in damages against Dandar and in favor of [Scientology]," but "affirm[ed] the circuit court's order in all other respects." Dandar v. Church of Scientology, 59 So.3d 144 (Fla.Dist.Ct.App.2011).
On May 20, 2011, Dandar filed a Petition for Writ of Prohibition with the Florida Supreme Court seeking an order "directing the Second District to issue an order recognizing that the circuit court was without jurisdiction to enter any order subsequent to the joint voluntary dismissal with prejudice filed on June 8, 2004, and exceeded its jurisdiction by imposing a practice restriction and orders of criminal contempt of court." (Supp. App. 45 at 24.) That petition remains pending.
The District Court for the Middle District of Florida had jurisdiction pursuant to 28 U.S.C. § 1332. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), which provides that "the courts of appeals shall have jurisdiction of appeals from ... [i]nterlocutory orders of the district courts of the United States ... granting ... injunctions." We review a district court's decision to grant a permanent injunction for an abuse of discretion. Common Cause/Georgia v. Billups, 554 F.3d 1340, 1349 (11th Cir.2009) (citing eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391, 126 S.Ct. 1837, 164 L.Ed.2d 641 (2006)). However, "[w]e review the underlying findings of fact for clear error and conclusions of law de novo." Id. Whether a district court has the authority to enjoin a state court action under an exception to the Anti-Injunction Act is a question of law that we review de novo. See TranSouth Financial Corp. v. Bell, 149 F.3d 1292, 1294 (11th Cir.1998).
Scientology contends that the District Court's entry of the permanent injunction violated the Anti-Injunction Act. We agree.
The District Court issued the injunction "[p]ursuant to the All Writs Act, 28 U.S.C. § 1651(a)" (Dkt. 173 at 27), and "[i]ndeed, unless specifically constrained by an act of Congress, the [All Writs] Act authorizes a court to issue writs any time,
"Under the Anti-Injunction Act, an injunction halting a state court proceeding is inappropriate, `except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.'" Id. (quoting 28 U.S.C. § 2283). While the District Court did not explicitly reference the Anti-Injunction Act, the Court entered the permanent injunction pursuant to its "inherent power to preserve its jurisdiction and preserve the status quo pending litigation." (Dkt. 173 at 27.) Thus, it appears that the District Court invoked the Anti-Injunction Act's second exception.
"In light of the federalism concerns underlying [the] Anti-Injunction Act, courts construe ... the `necessary in aid of its jurisdiction' ... exception[ ] narrowly." Burr & Forman, 470 F.3d at 1028 (citing T. Smith & Son, Inc. v. Williams, 275 F.2d 397, 407 (5th Cir.1960); Delta Air Lines, Inc. v. McCoy Rests., Inc., 708 F.2d 582, 585 (11th Cir.1983)). "`[A]ny doubts as to the propriety of a federal injunction against state court proceedings should be resolved in favor of permitting the state courts to proceed.'" Smith v. Bayer Corp., 564 U.S. ___, 131 S.Ct. 2368, 2375, ___ L.Ed.2d ___ (2011) (quoting Atlantic Coast Line R. Co. v. Bhd. of Locomotive Eng'rs, 398 U.S. 281, 297, 90 S.Ct. 1739, 1749, 26 L.Ed.2d 234 (1970)). This is reflected in our review of the relevant jurisprudence in In Re Ford Motor Co., 471 F.3d 1233 (11th Cir.2006). Ford Motor was a class action brought against Ford for alleged breaches of its franchise agreements in which the District Court had enjoined a similar class action brought in an Ohio court. We there explained:
Id. at 1250-53 (emphasis in original; footnote omitted).
Here, as in Ford Motor, the Brennan Action had not been removed from the state court and was not an in rem action. Nor can the Brennan Action be characterized as complex or as having the potential for the kind of interference which the Court found in Battle and Wesch. It could hardly be analogized to an in rem proceeding. There was a single plaintiff who sought to litigate a tort claim that was wholly unrelated to the subject matter of the enjoined state proceeding. The limited purpose of the District Court's injunction was to ensure that a particular attorney remained as counsel for a party before it. As we noted in Burr & Forman, 470 F.3d at 1029, the "complex litigation" scenarios recognized in Battle and Wesch "represent the outermost limits of the exception" to the rule against enjoining in personam cases in a state court. Like the situation before the Court in Ford Motor, the situation before the District Court here was far beyond those "outermost limits."
We have been referred to, and have found, no case suggesting that a district court, consistent with the Anti-Injunction Act, may enjoin a state judicial proceeding in order to ensure that a particular attorney will represent a party before it. Contrary to the suggestion of the Brennan Estate, Surrick v. Killion, 449 F.3d 520 (3d Cir.2006), does not support such a
Case law from our sister Courts of Appeals supports the conclusion we reach based on Ford Motor. In Retirement Systems of Alabama v. J.P. Morgan Chase & Co., 386 F.3d 419 (2d Cir.2004), numerous federal class actions arising out of WorldCom Inc.'s bankruptcy were consolidated in the District Court for the Southern District of New York, and a trial date was set. Id. at 421-22. Meanwhile, another action arising out of the WorldCom bankruptcy was filed in state court in Alabama, and a trial date was set three months before the federal trial date. Id. at 422-23. The defendants in the federal action moved to stay the state trial until after the federal one. The District Court granted the injunction, ruling that it was necessary in aid of its jurisdiction because it was "necessary to preserve the schedule ... and to keep the federal MDL litigation on its own `path to judgment.'" In re WorldCom, Inc. Sec. Litig., 315 F.Supp.2d 527, 547 (S.D.N.Y.2004). The Court of Appeals for the Second Circuit reversed, holding that the "necessary in aid of its jurisdiction" exception "does not permit a district court—even a district court managing complex, multidistrict litigation such as the WorldCom securities litigation—to enjoin state court proceedings simply to preserve its trial date." Retirement Sys., 386 F.3d at 421. See also Negrete v. Allianz Life Ins. Co., 523 F.3d 1091, 1101-02 (9th Cir. 2008) ("[T]he mere fact that the actions of a state court might have some effect on the federal proceedings does not justify interference.").
The District Court's concern about the ability of the Brennan Estate to secure other counsel was certainly understandable and commendable. It was entitled to do everything it could to facilitate the Brennan Estate's search for alternative counsel, starting with a stay of the proceedings sufficient to permit an orderly and thorough canvass of all available
Finally, "the mere fact that a state court may reach a conclusion that differs from what a federal court would prefer does not change the result." Negrete, 523 F.3d at 1102. In its opinion, the District Court listed nine state law issues that concerned it. It declined to address them, however, explaining:
(Dkt. 173 at 21-22.) This view is, of course, correct to the extent it reflects an acknowledgment by the District Court that it had no jurisdiction to review the rulings of the state courts in connection with enforcement of the Settlement Agreement. That jurisdiction is reserved to the appellate courts of Florida and the Supreme Court of the United States. Rooker v. Fidelity Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).
We conclude that the permanent injunction entered by the District Court was not "necessary in aid of its jurisdiction," 28 U.S.C. § 2283, and, accordingly, was issued in violation of the Anti-Injunction Act. We will reverse and vacate the injunction.
REVERSED and VACATED.
In 2004, the preamble to the Rules of Professional Conduct of the Florida Bar provided:
See also Lee v. Dep't of Ins., 586 So.2d 1185, 1188 (Fla.Dist.Ct.App.1991) ("To use rule 4-5.6 as the basis for invalidating a private contractual provision is manifestly beyond the stated scope of the Rules and their intended legal effect.")