Thomas W. Scott v. Adt Security Systems, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
THOMAS W. SCOTT,
Plaintiff-Appellant,
v.
No. 99-2085
ADT SECURITY SYSTEMS,
INCORPORATED,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
Leonie M. Brinkema, District Judge.
(CA-99-572-A)
Submitted: December 22, 1999
Decided: February 28, 2000
Before NIEMEYER and MICHAEL, Circuit Judges,
and HAMILTON, Senior Circuit Judge.
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Affirmed in part and remanded in part by unpublished per curiam
opinion.
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COUNSEL
Thomas W. Scott, Appellant Pro Se. Daniel Warren Whitney, Sr.,
Kathleen Dick Leslie, WHITNEY & BOGRIS, Towson, Maryland,
for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Thomas W. Scott appeals from the district court's order dismissing
without prejudice his complaint against ADT Security Systems, Inc.,
in which he asserted a claim for breach of contract. We have reviewed
the record and the district court's opinion and find no reversible error.
Accordingly, we affirm on the reasoning of the district court. See
Scott v. ADT Security Sys., Inc., No. CA-99-572-A (E.D. Va. July 30,
1999). Scott also challenges the district court's ruling that his motion
for Rule 111 sanctions would be moot in light of the dismissal of the
action. The district court's ruling effectively barred Scott from filing
the motion. A federal court may consider collateral issues, such as a
Rule 11 motion, after the entry of a final order. See Cooter & Gell
v. Hartmarx Corp., 496 U.S. 384, 396 (1990). Therefore, the district
court's dismissal of the case would not moot the motion for sanctions.
Accordingly, we affirm the dismissal of the action but remand to the
district court to allow Scott to file his motion for sanctions.2 We dis-
pense with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED IN PART AND REMANDED IN PART
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1 Fed. R. Civ. P. 11.
2 We express no opinion as to whether sanctions are warranted.
2

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