Judges: Per Curiam
Filed: May 21, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted May 21, 2018* Decided May 21, 2018 Before JOEL M. FLAUM, Circuit Judge MICHAEL S. KANNE, Circuit Judge DIANE S. SYKES, Circuit Judge No. 17-3240 LARRY SCRUGGS JR., Appeal from the United States District Plaintiff-Appellant, Court for the Eastern District of Wisconsin. v. No. 17-C-0157 WAUWATOSA SAVINGS BANK, et al., Lynn Ade
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted May 21, 2018* Decided May 21, 2018 Before JOEL M. FLAUM, Circuit Judge MICHAEL S. KANNE, Circuit Judge DIANE S. SYKES, Circuit Judge No. 17-3240 LARRY SCRUGGS JR., Appeal from the United States District Plaintiff-Appellant, Court for the Eastern District of Wisconsin. v. No. 17-C-0157 WAUWATOSA SAVINGS BANK, et al., Lynn Adel..
More
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted May 21, 2018*
Decided May 21, 2018
Before
JOEL M. FLAUM, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 17‐3240
LARRY SCRUGGS JR., Appeal from the United States District
Plaintiff‐Appellant, Court for the Eastern District of Wisconsin.
v. No. 17‐C‐0157
WAUWATOSA SAVINGS BANK, et al., Lynn Adelman,
Defendants‐Appellees. Judge.
O R D E R
Ten years ago Wauwatosa Savings Bank foreclosed a mortgage on properties
owned by Advanced Properties and Investments, LLC. Since then, Larry Scruggs—
Advanced Properties’ sole shareholder—repeatedly has sued the bank, seeking to
recover in his name for his company’s alleged injuries. Barred from filing any more
cases against the bank without the state court’s permission, Scruggs now turns to
* We have agreed to decide this case without oral argument because the briefs
and record adequately present the facts and legal arguments, and oral argument would
not significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 17‐3240 Page 2
federal court, arguing that the bank committed fraud during the foreclosure
proceedings and violated federal law. The district judge dismissed Scruggs’s action for
lack of standing and imposed sanctions under Federal Rule of Civil Procedure 11.
His reasoning is sound, so we affirm the judgment.
In 2007, Wauwatosa Savings Bank (now WaterStone Bank SSB) named Scruggs
and Advanced Properties in a state‐court foreclosure action. The bank attached to the
complaint the mortgage document, which listed four properties, and an “Affidavit of
Correction” that added three more. (According to Scruggs, the affidavit was served on
him but omitted from the bank’s state‐court filing.) Scruggs and Advanced Properties
did not respond, and the judge entered a default judgment. The bank then successfully
moved to dismiss Scruggs from the action because he was not a titleholder of the
mortgaged properties, leaving only Advanced Properties. The judge later entered an
order confirming the sheriff’s sale of the properties.
Scruggs sought to reopen the foreclosure action several months later, acting on
his own behalf and purportedly on behalf of Advanced Properties. The Wisconsin court
denied that motion, concluding that Scruggs lacked standing because he was not a
party to the judgment and, as a nonlawyer, he could not represent Advanced
Properties. Wauwatosa Savings Bank v. Scruggs, Nos. 2010AP1271, 2010AP1858, 2011 WL
4445831 (Wis. Ct. App. Sept. 27, 2011). Scruggs again tried to reopen, to no avail.
Wauwatosa Savings Bank v. Scruggs, No. 2013AP2635, 2014 WL 5835810 (Wis. Ct. App.
Nov. 12, 2014) (imposing sanctions); see also Wauwatosa Savings Bank v. Scruggs,
No. 2015AP1267, 2016 WL 8605047 (Wis. Ct. App. Apr. 11, 2016) (imposing additional
sanctions for reasserting frivolous arguments).
Scruggs next went to federal court, but the suit was short‐lived. He alleged that
the bank had lied to the state court by saying that the bank had properly served Scruggs
and had attached the “Affidavit of Correction” to its court filings. Scruggs also accused
the bank of denying him access to the courts. He invoked provisions under the
Constitution, the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e; and the Racketeer
Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962. The district judge granted
the bank’s motion to dismiss. He reasoned that Scruggs lacked Article III standing
because the indirect injury that he suffered as a shareholder of Advanced Properties
was insufficient to confer standing. Moreover, the judge noted, Scruggs had suffered no
personal liability from the foreclosure. And, the judge added, Scruggs’s proposed
federal‐statute claims all were frivolous. Then, because of Scruggs’s litigation history
and the frivolousness of his suit, the judge granted the bank reasonable attorney’s fees
and expenses under Rule 11 and warned Scruggs against filing further frivolous papers.
No. 17‐3240 Page 3
Scruggs now appeals, arguing unpersuasively that he has standing. He observes
that he guaranteed Advanced Properties’ mortgage, but his status as guarantor of a note
does not create standing. Guarantors, like creditors, suffer at most an injury derivative
to the debtor. That is not enough to confer standing, especially when, as here, the
guarantor does not allege that the guarantee personally cost him money (in this case,
because the bank never enforced the guarantee). See Mid‐State Fertilizer Co. v. Exchange
Nat’l. Bank of Chicago, 877 F.2d 1333, 1335–36 (7th Cir. 1989) (“[C]reditors cannot recover
directly for injury inflicted on a firm, so guarantors as potential creditors likewise
cannot recover.”); see also Frierdich v. United States, 985 F.2d 379, 382 (7th Cir. 1993)
(observing that a guarantor has a “practical stake” in “the property of the person whose
debts he has guaranteed,” but not enough “to act as if he owned the property”).
Nor does Scruggs have standing as a shareholder; Advanced Properties must
pursue actions on behalf of its own interests. See Rawoof v. Texor Petroleum Co., 521 F.3d
750, 757 (7th Cir. 2008) (“[A] shareholder generally cannot sue for indirect harm he
suffers as a result of an injury to the corporation.”). Scruggs replies that he has a
“personal right” to challenge Wisconsin’s foreclosure statutes. But without a personal
injury, which his status as a shareholder in this case does not create, he may not do so.
See Lujan v. Def. of Wildlife, 504 U.S. 555, 573–76 (1992) (plaintiff must raise more than a
“generally available grievance;” federal jurisdiction requires particularized injury in
fact from which plaintiff seeks relief). With no Article III standing, the district judge
rightly dismissed the suit.
The district judge also did not abuse his discretion in imposing sanctions. He
permissibly relied on Scruggs’s litigation history and his frivolous replay of his failed
state‐court arguments to impose reasonable attorney fees and expenses. See Bethesda
Lutheran Homes & Servs., Inc., v. Born, 238 F.3d 853, 859 (7th Cir. 2001) (sanctions merited
for filing federal claims already resolved by prior litigation); Bacon v. Am. Fed’n of State,
Cty., & Mun. Emps. Council, No. 13, 795 F.2d 33, 35 (7th Cir. 1986) (“[W]hen a layman
persists in a hopeless cause long after it should have been clear to him, as a reasonable
(though not law‐trained) person, that his cause was indeed hopeless, sanctions should
be imposed ….”). And we now warn Scruggs: If he continues to file frivolous papers, he
will be fined and any papers that he attempts to file in any court of this circuit will be
returned unfiled until that sanction is paid. See Support Sys. Int’l, Inc., v. Mack, 45 F.3d
185, 186 (7th Cir. 1995).
Accordingly, the judgment is AFFIRMED.