Shavonda Smith v. Paxton Media Group, LLC

United States Court of Appeals
For the Eighth Circuit
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No. 22-2342
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Shavonda Smith
lllllllllllllllllllllPlaintiff - Appellant
v.
Paxton Media Group, LLC; David M. Paxton, President and CEO, Individually
and in his official capacity
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas - Northern
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Submitted: March 21, 2023
Filed: March 24, 2023
[Unpublished]
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Before COLLOTON, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.

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Shavonda Smith appeals following the district court’s1 adverse grant of
summary judgment in her counseled civil action. After careful review of the record
and the parties’ arguments on appeal, we affirm.
We conclude that the district court properly dismissed Smith’s claim under the
Racketeer Influenced and Corrupt Organizations Act (RICO), as she failed to state
a civil RICO claim. See Waters v. Madson, 921 F.3d 725, 734 (8th Cir. 2019)
(dismissal for failure to state claim is reviewed de novo). As to the district court’s
denial of Smith’s motion for a stay pursuant to Federal Rule of Civil Procedure 56(d),
we find no abuse of discretion in the district court’s ruling, or in the court’s denial of
Smith’s subsequent motion for reconsideration. See Toben v. Bridgestone Retail
Operations, LLC, 751 F.3d 888, 894 (8th Cir. 2014) (district court’s denial of Rule
56(d) motion is reviewed for abuse of discretion); Peterson v. Travelers Indem. Co.,
867 F.3d 992, 997 (8th Cir. 2017) (reviewing ruling on motion for reconsideration for
abuse of discretion). Finally, we conclude that summary judgment was proper as to
Smith’s remaining claims. See Said v. Mayo Clinic, 44 F.4th 1142, 1147 (8th Cir.
2022) (grant of summary judgment is reviewed de novo). Accordingly, we affirm.
See 8th Cir. R. 47B.
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1The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas.
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