Spira Footwear, Inc. v. Steven Lebow

Case: 10-50027 Document: 00511221542 Page: 1 Date Filed: 09/01/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 1, 2010 No. 10-50027 Lyle W. Cayce Summary Calendar Clerk SPIRA FOOTWEAR, INC. Plaintiff-Appellant v. STEVEN LEBOW; BRYON LEBOW; UNGARETTI & HARRIS, LIMITED Defendants-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CV-55 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Our careful review of the record on appeal in this civil matter reflects increasingly severe sanctions for repeated and continuing contumacious conduct by Plaintiff-Appellant Spira Footwear, Inc., culminating in the district court’s dismissal of Spira’s case after repeated and increasingly severe lesser sanctions had failed to accomplish their intended purposes. Our review also satisfies us that all rulings and orders appealed from, including dismissal, represent fully * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-50027 Document: 00511221542 Page: 2 Date Filed: 09/01/2010 No. 10-50027 justifiable exercises of the judicial process by the district court for the reasons patiently explained by that court in its several orders. Accordingly, for essentially the reasons given by the district court, its rulings, orders, and judgment are, in all respects AFFIRMED. 2