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TINA DILLON,
Plaintiff-Appellee/Cross-Appellant,
v.
COBRA POWER CORP.,
Defendant-Appellant/Cross-Appellee,
LAKE CUMBERLAND MARINE, L.L.C,
Defendant-Appellee (No. 07-5459).


Nos. 07-5458/5459

Appeal from the United States District Court
for the Eastern District of Kentucky at London.
No. 01-00002—Karen K. Caldwell, District Judge.
Argued: July 29, 2008
Decided and Filed: March 30, 2009
Before: BATCHELDER and GILMAN, Circuit Judges; ZOUHARY, District Judge.

_________________________
OPINION
_________________________

JACK ZOUHARY, District Judge. This diversity case arises from the sale of a high-performance speed boat by Defendant Lake Cumberland Marine (“Cumberland”) to Plaintiff Tina Dillon. Dillon claims the boat was defective. Defendant Cobra Power (“Cobra”) manufactured the engines and transmissions, and Cumberland installed them in the boat in May 2000. The subsequent repair history of the boat is long and tortuous (not unlike the seven-year history of this lawsuit). After several unsuccessful attempts to repair the boat engines and outdrives, Dillon, in January 2001, sued Cumberland for breach of contract and warranty, as well as a violation of the Kentucky Consumer Protection Act (KCPA); she also sued Cobra for breach of warranty.

The district court granted partial summary judgment in October 2003, dismissing the warranty claim against Cobra (and thereby dismissing it as a party), and also dismissing the warranty claims against Cumberland. In July 2004, the court held a bench trial on Dillon’s remaining breach of contract claim against Cumberland. The court dismissed this remaining claim against Cumberland, but sua sponte reinstated the breach of warranty claim against Cobra, found it liable, and entered judgment on that claim in favor of Dillon. The court did so after hearing the testimony of Randy Garciga, President of Cobra, called by Cumberland to testify at the bench trial. Because Cobra had been previously dismissed from the lawsuit, counsel for Cobra was not present at the trial. The court found Garciga’s testimony contradicted his earlier affidavit, which was the basis for the earlier dismissal of Cobra.

The court also granted Dillon’s post-trial request to amend the complaint to add conversion and KCPA claims against Cobra, although two years earlier the court had denied a similar request by Dillon to add a claim of conversion against Cobra. In June 2006, the court entertained briefing from Cobra opposing Dillon’s proposed amendments and contesting the court’s post-trial finding of liability. Ultimately, and without further hearing, the court granted summary judgment in favor of Dillon and entered a verdict of $50,400 in compensatory damages against Cobra in December 2006, nearly two and a half years after the bench trial with Cumberland.

Cobra and Dillon each appeal from the adverse decisions against them, including pretrial and post-trial orders on amendment of pleadings. Cumberland defends the district court’s decision to dismiss all claims against it.

For the reasons discussed below, we affirm in part and reverse in part, and, given the already lengthy history of this lawsuit, reluctantly, but properly, remand the matter for further proceedings.


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Nos. 05-1812/1889/2143
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PATRICK CARSON (05-1812); ROBERT HEY (05-1889); PETER JACQUEMAIN (05-2143),
Defendants-Appellants.
Nos. 05-2294/2295
UNITED STATES OF AMERICA,
Plaintiff-Appellant/Cross-Appellee,
v.
ROBERT JACQUEMAIN,
Defendant-Appellee/Cross-Appellant.


Nos. 05-1812/1889/
2143/2294/2295

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 03-80863—Nancy G. Edmunds, District Judge.
Argued: May 1, 2008
Decided and Filed: March 30, 2009
Before: GUY, SUHRHEINRICH, and GIBBONS, Circuit Judges.

_________________________
OPINION
_________________________

JULIA SMITH GIBBONS, Circuit Judge. This case arises out of the assault of Robert Paxton by Mount Clemens Police Department officers and the officers’ subsequent conspiracy to conceal this assault. Following a joint trial of five defendants, the jury convicted Patrick Carson of deprivation of rights under color of law, conspiracy to obstruct justice, and obstruction of justice. The jury found Robert Hey guilty of obstruction of justice and perjury. Peter Jacquemain was found guilty of obstruction of justice, and Robert Jacquemain was found guilty of conspiracy to obstruct justice. A fifth officer, Daniel Gerkey, was acquitted of all charges.

Carson, Hey, and the Jacquemains appeal their convictions on various grounds, and Carson appeals his sentence. Additionally, the government appeals the sentence of Robert Jacquemain. For the reasons set forth below, we affirm the convictions of Carson, Hey, and the Jacquemains. Additionally, we affirm Carson’s sentence. We also conclude that any errors in calculating Robert Jacquemain’s sentence were harmless and that his sentence was not substantively unreasonable. We therefore affirm Robert Jacquemain’s sentence.