Snyder v. Acord Corp.

DALE SNYDER; MARILYN SNYDER; MARY ANN GELDREICH; MARY HARROW;KENNETH DALE YODER; CATHERINE TAYLOR; MARTHA LEMERT;GARY LEMERT; JEFFREY RAY; JENNIFER RAY;LOUISE CREAGER; JANET KOCH; IAN SIEMPLENSKI;TOMMY MEYER; NICOLE WRIGHT-MEYER; SUEHAM KAY HOFFMAN;LAILA SAEDA URBAN; ESTATE OF DOROTHY WOOD HAMMER, Plaintiffs - Appellants, v. ACORD CORPORATION, a Delaware non-profit corporation;ACUITY, A MUTUAL INSURANCE COMPANY,a Wisconsin corporation; ADDISON INSURANCE COMPANY, an Iowa corporation;ALL AMERICA INSURANCE COMPANY, an Ohio corporation,d/b/a The Central Insurance Companies;ALLIANZ GLOBAL RISKS US INSURANCE COMPANY,a California corporation; ALLIANZ LIFE INSURANCE CO. OF NORTH AMERICA,a Minnesota corporation; ALLIANZ OF AMERICA, INC., a Delaware corporation;ALLSTATE INSURANCE COMPANY, an Illinois corporation;AMERICAN ASSOCIATION OF INSURANCE SERVICES, INC.,a Delaware non-profit corporation;AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouricorporation a/k/a Fireman's Fund Insurance Company of Missouri;AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a Florida corporation;AMERICAN FAMILY HOME INSURANCE COMPANY, a Florida corporation;AMERICAN FAMILY MUTUAL INSURANCE COMPANY,a Wisconsin corporation; AMERICAN INDEMNITY FINANCIAL CORPORATION,a Delaware corporation; AMERICAN INTERNATIONAL GROUP, INC.,a Delaware corporation; AMERICAN MODERN INSURANCE GROUP, INC.,an Ohio corporation; AMERICAN MODERN HOME INSURANCE COMPANY,an Ohio corporation; AMERICAN MODERN SELECT INSURANCE COMPANY,an Ohio corporation; AMERICAN RELIABLE INSURANCE COMPANY,an Arizona corporation; AMERICAN STRATEGIC INSURANCE CORP.,a Florida corporation; ASSOCIATED INDEMNITY CORPORATION,a California corporation;AUTOMOBILE INSURANCE COMPANY OF HARTFORD CONNECTICUT,a Connecticut corporation; AUTO-OWNERS INSURANCE COMPANY,a Michigan corporation d/b/a Auto-Owners Insurance;CASUALTY ACTUARIAL SOCIETY, an Illinois not for profit corporation;CENTRAL MUTUAL INSURANCE COMPANY, an Ohio corporationd/b/a The Central Insurance Companies; THE CHUBB CORPORATION,a New Jersey corporation; CHUBB NATIONAL INSURANCE COMPANY,an Indiana corporation; CHUBB SERVICES CORPORATION,an Illinois corporation;CINCINNATI INSURANCE COMPANY, an Ohio corporation;COLORADO FARM BUREAU MUTUAL INSURANCE CO.,a Colorado corporation;COUNTRY MUTUAL INSURANCE COMPANY,an Illinois corporation;ELECTRIC INSURANCE COMPANY,a Massachusetts corporation; EMPLOYERS MUTUAL CASUALTY COMPANY,an Iowa corporation d/b/a EMC Insurance Companies;ENCOMPASS INDEMNITY COMPANY, an Illinois corporation;ENCOMPASS INSURANCE COMPANY OF AMERICA, an Illinois corporationd/b/a Encompass Insurance; FARMERS ALLIANCE MUTUAL INSURANCE COMPANY,a Kansas corporation; FARMERS INSURANCE EXCHANGE,an Iowa corporation a/k/a Farmers Casualty Insurance Companyd/b/a Farmers Insurance Exchange; FEDERAL INSURANCE COMPANY,an Indiana corporation; FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a Maryland corporation; FIREMAN'S FUND INSURANCE COMPANY,a California corporation; FIRST AMERICAN PROPERTY& CASUALTY INSURANCE COMPANY,a California corporation d/b/a First American Property & Casualty Group;FIRST AMERICAN FINANCIAL CORPORATION, a Delaware corporation;GRANGE INSURANCE ASSOCIATION, a Washington corporationd/b/a Grange Insurance Group; GREAT NORTHERN INSURANCE COMPANY,an Indiana corporation; GUIDEONE MUTUAL INSURANCE COMPANY,an Iowa corporation d/b/a Guideone Insurance; HARTFORD ACCIDENTAND INDEMNITY COMPANY, a Connecticut corporation;HARTFORD FIRE INSURANCE COMPANY, a Connecticutcorporation; INSURANCE SERVICES OFFICE, INC., a Delaware corporation;INTERNATIONAL INSURANCE SOCIETY, INC., a Delaware non-profit corporation;KEMPER CORPORATE SERVICES, INC., an Illinois corporation;KEMPER CORPORATION, a Delaware corporation;LAFAYETTE INSURANCE COMPANY, a Louisiana corporationa/k/a United Life Insurance Company, Inc.;LIBERTY INSURANCE CORPORATION, an Illinois corporation;LIBERTY MUTUAL INSURANCE, a Massachusetts corporation;LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation;LM INSURANCE CORPORATION, an Illinois corporation;MARKEL AMERICAN INSURANCE COMPANY, a Virginia corporation;MARKEL INSURANCE COMPANY, an Illinois corporation; MCKINSEY & COMPANY, INC.,a Delaware corporation a/k/a McKinsey & Company, Inc. Washington D.C.;MCKINSEY & COMPANY, INC., a New York corporation;METLIFE AUTO & HOME INSURANCE AGENCY, INC.,a Rhode Island corporation; METROPOLITAN DIRECT PROPERTY& CASUALTY INSURANCE COMPANY,a Rhode Island corporation; METROPOLITAN LIFE INSURANCE COMPANY,a Rhode Island corporation; METROPOLITAN PROPERTYAND CASUALTY INSURANCE COMPANY, a Rhode Island corporation;MILBANK INSURANCE COMPANY, an Iowa corporation;MUNICH-AMERICAN HOLDING CORPORATION, a Delaware corporation;NATIONAL CASUALTY COMPANY, a Wisconsin corporation;NATIONAL FARMERS UNION PROPERTY & CASUALTY COMPANY,a Wisconsin corporation; NATIONAL SURETY CORPORATION, an Illinois corporation;NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA,an Ohio corporation; NATIONWIDE INSURANCE COMPANY OF AMERICA,a Wisconsin corporation; NATIONWIDE MUTUAL INSURANCE COMPANY,an Ohio corporation d/b/a Nationwide Insurance; OWNERS INSURANCE COMPANY,an Ohio corporation d/b/a Auto-Owners Insurance d/b/a Home-Owners Insurance;PACIFIC INDEMNITY COMPANY, a Wisconsin corporation;PHARMACISTS MUTUAL INSURANCE COMPANY, an Iowa corporation;PRAETORIAN INSURANCE COMPANY, a Pennsylvania corporation;PROPERTY CASUALTY INSURERS ASSOCIATION OF AMERICA,a Colorado non-profit corporation; QBE HOLDINGS, INC., a Delaware corporation;QBE INSURANCE COMPANY, a Pennsylvania corporationa/k/a QBE Insurance Corporation;QBE INSURANCE GROUP, LIMITED, a Sydney, Australia corporation;SAFECO INSURANCE COMPANY OF AMERICA,a New Hampshire corporation; SECURA INSURANCE HOLDINGS, INC.,a Wisconsin corporation; SENTRY INSURANCE, A MUTUAL COMPANY,a Wisconsin corporation; SHELTER MUTUAL INSURANCE COMPANY,a Missouri corporation; STANDARD FIRE INSURANCE COMPANY,a Connecticut corporation; STATE AUTOMOBILE INSURANCE COMPANY,a Ohio corporation; STATE FARM FIRE AND CASUALTY COMPANY,an Illinois corporation; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,an Illinois corporation; STILLWATER PROPERTYAND CASUALTY INSURANCE COMPANY,a New York corporation a/k/a Fidelity National Propertyand Casualty Insurance Company d/b/a Stillwater Insurance Group;TEXAS GENERAL INDEMNITY COMPANY, a Colorado corporation;THE BUCKEYE STATE MUTUAL INSURANCE COMPANY,an Ohio corporation d/b/a Buckeye Insurance Group;THE CALIFORNIA CASUALTY INDEMNITY EXCHANGE, a California corporation;THE HARTFORD FINANCIAL SERVICES GROUP, a Delaware corporation;THE TRAVELERS COMPANIES INC., a Minnesota corporation;THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation;TRAVELERS INSURANCE GROUP HOLDINGS, INC., a Connecticut corporation;TRAVELERS HOME AND MARINE INSURANCE COMPANY,a Connecticut corporation; TRAVELERS INDEMNITY COMPANY OF AMERICA,a Connecticut corporation; TRAVELERS COMMERCIAL INSURANCE COMPANY,a Connecticut corporation; UNITED FIRE GROUP, INC.,an Iowa corporation d/b/a United Fire Group;UNITED FIRE & CASUALTY COMPANY,an Iowa corporation d/b/a United Fire Group;UNITED FIRE INSURANCE COMPANY, an Illinois corporationd/b/a United Fire Group;UNITED FIRE AND INDEMNITY COMPANY, a Texas corporation;UNITED FIRE LLOYDS, a Texas corporation; UNITED LIFE INSURANCE COMPANY,an Iowa corporation; UNITED SERVICES AUTOMOBILE ASSOCIATION,a Texas corporation; UNITRIN AUTO AND HOME INSURANCE COMPANY,a New York corporation; UNITRIN DIRECT PROPERTY & CASUALTY COMPANY,an Illinois corporation; USAA CASUALTY INSURANCE COMPANY,a Texas corporation; VERISK ANALYTICS, INC., a Delaware corporation;VIGILANT INSURANCE COMPANY, a New York corporation;ZURICH AMERICAN INSURANCE COMPANY, a New York corporation;ZURICH INSURANCE GROUP LTD/FI,a Switzerland corporation, Defendants - Appellees.JOSUE DAVID HERNANDEZ, Attorney - Appellant.

No. 19-1112

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

April 22, 2020

(D.C. No. 1:14-CV-01736-JLK)

(D. Colo.)

ORDER AND JUDGMENT^*

Before PHILLIPS, BALDOCK, and KELLY, Circuit Judges.

Seventeen Colorado homeowners ("Plaintiffs") brought an action raising federal- and state-law claims against insurance companies, trade associations, and consulting firms ("Defendants"). The district court dismissed the complaint, and weaffirmed. Snyder v. Acord Corp., 684 F. App'x 710 (10th Cir. 2017). Plaintiffs and their counsel, Josue Hernandez (collectively, "Appellants"), appeal several orders related to attorneys' fees. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

BACKGROUND

In 2014, Plaintiffs filed an action against 113 defendants alleging "a massive conspiracy to underinsure and underpay homeowners' claims" and purporting to raise twenty-three claims, including conspiracy and antitrust claims, in a "260-page, 1,363 paragraph, third amended complaint." Snyder, 684 F. App'x at 716-17. The district court dismissed the complaint under Federal Rules of Civil Procedure 8 and 12(b)(6) and denied Plaintiffs' motion for relief from the judgment. We affirmed. See id. at 717. By separate order, we awarded Defendants appellate attorneys' fees under Colo. Rev. Stat. § 13-17-201 and remanded for a calculation of the amount. In an additional order, we admonished Mr. Hernandez for violating briefing rules and proceeding in a manner "inconsistent with the standards of practice required" in this court, and we warned that future violations will result in "further discipline up to and including disbarment from the bar of this court." Aplts. App. Vol. 21 at 3956-57. We denied Plaintiffs' petition for rehearing and rehearing en banc. The Supreme Court denied their petitions for a writ of certiorari and rehearing.

In May 2016, Defendants filed a motion for attorneys' fees under 28 U.S.C. § 1927 and Colo. Rev. Stat. § 13-17-201. The district court granted the motion and deferred deciding the amount of the fees until after Plaintiffs' appeal was resolved.

After we denied Plaintiffs' petition for rehearing and ...