Shenecqua Butt v. United Brotherhood ( 2021 )


Menu:
  •                               PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    _____________
    No. 18-2272
    _____________
    SHENECQUA BUTT; ALLEGRA KING; TANYA
    MITCHELL; THERESA HOWARD; ELLEN BRONSON
    v.
    UNITED BROTHERHOOD OF
    CARPENTERS & JOINERS OF AMERICA;
    CARPENTERS HEALTH & WELFARE FUND OF
    PHILADELPHIA & VICINITY; EDWARD CORYELL;
    MARK DURKALEC; PHILADELPHIA HOUSING
    AUTHORITY; METROPOLITAN REGIONAL COUNCIL
    OF CARPENTERS AND JOINERS OF AMERICA
    SANDRA THOMPSON,
    Appellant
    _____________
    No. 18-2273
    _____________
    THERESA HOWARD
    v.
    PHILADELPHIA HOUSING AUTHORITY;
    METROPOLITAN REGIONAL COUNCIL OF
    CARPENTERS AND JOINERS OF AMERICA; EDWARD
    CORYELL, SR. (OFFICIALLY AND PERSONALLY);
    MARK DURKALEC (OFFICIALLY AND PERSONALLY)
    SANDRA THOMPSON,
    Appellant
    _____________
    On Appeal from the United States District Court
    for the Eastern District of Pennsylvania
    District Court Nos. 2-09-cv-04285; 2-13-cv-00374
    Magistrate Judge: The Honorable David R. Strawbridge
    _____________
    Submitted on November 12, 2020
    Before: HARDIMAN, SCIRICA, and RENDELL, Circuit
    Judges
    (Filed: June 8, 2021)
    Sandra Thompson
    Law Office of Sandra Thompson, LLC
    351 E. Princess Street
    P.O. Box 1901
    York, PA 17405
    Counsel for Thompson, Appellant
    2
    Ryan M. Paddick
    1442 Pottstown Pike, #312
    West Chester, PA 19380
    Counsel for Paddick, Appellee
    ________________
    OPINION OF THE COURT
    ________________
    HARDIMAN, Circuit Judge.
    This appeal involves a dispute over legal fees. The
    District Court ordered attorney Sandra Thompson to pay
    predecessor counsel, Ryan Paddick, $54,562.73 from
    Thompson’s portion of a settlement fund. Thompson appealed,
    raising four arguments. We will affirm.
    I
    This controversy between attorneys Thompson and
    Paddick began over a decade ago. In 2009 and 2010,
    Shenecqua Butt, Theresa Howard, and Ellen Brown
    (collectively, the Clients), filed separate discrimination cases
    in the United States District Court for the Eastern District of
    Pennsylvania against, among others, the United Brotherhood
    of Carpenters & Joiners of America. After their cases were
    consolidated for discovery, the Clients suffered an adverse
    summary judgment in January 2012. Acting pro se, the Clients
    filed a notice of appeal in this Court.
    The Clients then hired Paddick to handle their Third
    Circuit appeal. The night before the case was scheduled for oral
    argument, Paddick entered into contingency fee agreements
    3
    with each of the Clients. Those agreements provided that
    Paddick would serve as counsel on remand (if any) and
    promised Paddick a 40 percent fee of any trial or settlement
    proceeds.
    Paddick prevailed in the appeal. Consistent with his
    agreement with the Clients, Paddick pursued discovery and
    prepared for trial. Paddick took twenty-four depositions,
    presented two oral arguments, attended two settlement
    conferences, and filed nine substantive motions or responses.
    When it came time to retain an expert witness in March 2015,
    however, Paddick was unable to advance the necessary funds.
    Paddick told the Clients: “if this puts you in a position where
    you feel the need to change counsel, I will cooperate with any
    new counsel.” Paddick v. Butt, 
    2018 WL 1991737
    , at *10 (E.D.
    Pa. Apr. 27, 2018).
    In April 2015, the Clients terminated their relationship
    with Paddick and retained Thompson to pursue their claims for
    a 35 percent contingent fee. Paddick informed Thompson of
    his labors on behalf of the Clients and told her that “fees remain
    due on the work [he] did on the cases prior to [her] stepping
    in.” Id. at *10. Thompson did not respond. In September 2017,
    the Clients settled their cases for a total of $380,000, so under
    her fee agreement, Thompson’s share was $133,000.
    In October 2017, the District Court acknowledged the
    settlements and dismissed the Clients’ cases with prejudice.
    About a month later, Paddick moved to intervene in the
    Clients’ cases to enforce an attorney’s charging lien against the
    settlement proceeds. The District Court granted Paddick’s
    motion to intervene, set a hearing date, and ordered Thompson
    to hold the contested portion of the settlement proceeds in an
    escrow account “pending resolution of the motion.” Dist. Ct.
    4
    Dkt. No. 321, at 2. In April 2018, the District Court found
    Paddick entitled to $54,562.73 for his work and ordered
    Thompson to pay Paddick that amount in her capacity as
    custodian of the escrow account. Dist. Ct. Dkt. No. 357, at 1.
    The District Court’s order did not, however, explicitly state
    whether Paddick’s fees were to be paid from the fees paid to
    Thompson or from the Clients’ portion of the settlement fund.
    Confusion ensued between Thompson and the Clients, so the
    District Court held a second hearing in May 2018 to resolve
    the matter. Thompson argued Paddick’s fee should not come
    from her fees but instead should come from the Clients’ portion
    of the recovery. 1 The District Court disagreed and ordered
    Thompson to pay Paddick’s fee from her $133,000 portion.
    Thompson filed this timely appeal.
    II 2
    Thompson’s first (and most substantial) argument is
    that the District Court lacked jurisdiction to hear Paddick’s
    1
    Thompson’s argument led to a Public Reprimand by the
    Disciplinary Board of the Supreme Court of Pennsylvania. The
    Disciplinary Board determined Thompson violated seven
    ethical Rules of Professional Conduct (RPC) related to her
    representation, including RPC 1.7(a)(2) for acting adversely to
    her Clients when she “maintained that her legal fees were
    separate and apart from prior counsel’s legal fees.” App. 840.
    Thompson filed this appeal on her own behalf, not as counsel
    to the Clients.
    2
    We have jurisdiction under 
    28 U.S.C. § 1291
     and review de
    novo the District Court’s exercise of jurisdiction. In re Cmty.
    5
    motions. She claims the Court’s jurisdiction “terminated”
    when the cases were dismissed with prejudice after settlement.
    Butt Br. 30. Thompson acknowledges that the District Court
    had the “inherent power to enforce its judgments.” Butt Br. 31
    (quoting Peacock v. Thomas, 
    516 U.S. 349
    , 359 (1996)). But
    she contends that Paddick must seek to enforce his attorney’s
    lien by suing the Clients in state court because the District
    Court did not retain jurisdiction over the case after it was
    dismissed and Paddick did not seek to intervene before the
    dismissal.
    We disagree. The District Court had jurisdiction to
    resolve Paddick’s lien motion, but not for the reason it cited
    (i.e., the supplemental jurisdiction statute, 
    28 U.S.C. § 1367
    ).
    As we shall explain, the District Court had ancillary
    enforcement jurisdiction based on its inherent powers rooted in
    the common law and unrelated to the statutory grant of
    authority.
    Courts, including this one, have sometimes been
    imprecise when discussing ancillary enforcement jurisdiction.
    See, e.g., IFC Interconsult v. Safeguard Int’l Partners, LLC,
    
    438 F.3d 298
    , 309 (3d Cir. 2006) (treating the inquiries for
    ancillary and supplemental jurisdiction as the same); 13
    CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL
    PRACTICE AND PROCEDURE § 3523 (3d ed. 2002) (“Today, the
    terms ‘ancillary,’ ‘pendent,’ and ‘supplemental’ are all used,
    essentially interchangeably.”). This appeal provides us an
    Bank of N. Va. Mortg. Lending Pracs. Litig., 
    911 F.3d 666
    , 670
    (3d Cir. 2018).
    6
    opportunity to clear up “needless confusion,” WRIGHT &
    MILLER § 3523, in this area of law.
    Unlike the sources of jurisdiction conferred by 
    28 U.S.C. § 1367
    , 3 ancillary enforcement jurisdiction focuses on
    3
    Passed in 1990, see Judicial Improvements Act of 1990, Pub.
    L. No. 101-650, 
    104 Stat. 5089
    , § 1367 codified the common
    law doctrines of pendent claim, ancillary, and pendent party
    jurisdiction. Pendent claim jurisdiction refers to a federal
    court’s power to adjudicate non-federal claims asserted by the
    plaintiff against the original defendant—over which the court
    would not have jurisdiction if brought independently—when
    those claims derive from a common nucleus of operative fact
    as the federal claim. See United Mine Workers of Am. v. Gibbs,
    
    383 U.S. 715
    , 75 (1966). Ancillary jurisdiction refers to a
    court’s power to adjudicate a claim asserted by a party other
    than the plaintiff (usually the defendant)—over which the court
    would not have jurisdiction if brought independently—when
    the second claim shares such a close logical connection with
    the original claim that it may be considered part of the same
    “transaction.” See Moore v. N.Y. Cotton Exch., 
    270 U.S. 593
    ,
    609–10 (1926). Finally, pendent party jurisdiction refers to a
    court’s power to adjudicate non-federal claims asserted by a
    plaintiff against a party other than the original defendant.
    When the underlying claim over which the court had
    jurisdiction is based on diversity, the additional party must be
    diverse; when the underlying claim over which the court had
    jurisdiction is based on federal question jurisdiction, the
    additional party need not be diverse. See, e.g., Finley v. United
    States, 
    490 U.S. 545
    , 549–52, 555 (1989); Exxon Mobil Corp.
    v. Allapattah Servs., Inc., 
    545 U.S. 546
    , 558–67 (2005). These
    7
    “the power [of federal courts] to enforce their judgments and
    ensur[es] that they are not dependent on state courts to enforce
    their decrees.” Nat’l City Mortg. Co. v. Stephen, 
    647 F.3d 78
    ,
    85 (3d Cir. 2011). It stems from the proposition that “[a]
    district court acquires jurisdiction over a case or controversy in
    its entirety and, as an incident to the disposition of a dispute
    properly before it, may exercise jurisdiction to decide other
    matters raised by the case over which it would not have
    jurisdiction were they independently presented.” 
    Id.
     (quoting
    Sandlin v. Corp. Interiors, Inc., 
    972 F.2d 1212
    , 1216 (10th Cir.
    1992)). Put differently, ancillary enforcement jurisdiction
    exists “to enable a court to function successfully, that is, to
    manage its proceedings, vindicate its authority, and effectuate
    its decrees.” Kokkonen v. Guardian Life Ins. Co. of Am., 
    511 U.S. 375
    , 380 (1994). This proposition has been applied
    consistently for over 200 years. See, e.g., United States v.
    Hudson, 11 U.S. (7 Cranch) 32, 34 (1812) (recognizing the
    contempt power as an “implied power” necessary to a court’s
    three sources of jurisdiction involve the power of federal courts
    to hear separate claims.
    Unlike those sources, ancillary enforcement jurisdiction relates
    to the power of a federal court to exercise jurisdiction over
    separate proceedings. Although not mentioned in § 1367, this
    common-law doctrine has survived the codification of
    supplemental jurisdiction and remains independent of the
    statute. See, e.g., Kokkonen v. Guardian Life Ins. Co. of Am.,
    
    511 U.S. 375
    , 379 (1994); Peacock, 
    516 U.S. at 356
    ; Nat’l City
    Mortg. Co. v. Stephen, 
    647 F.3d 78
    , 85 (3d Cir. 2011); Robb
    Evans & Assocs., LLV v. Holibaugh, 
    609 F.3d 359
    , 363 (4th
    Cir. 2010).
    8
    proper functioning); Bank of the United States v. Halstead, 23
    U.S. (10 Wheat.) 51, 53 (1825) (“The authority to carry into
    complete effect the judgments of the Courts, necessarily
    results, by implication, from the power to ordain and establish
    such Courts.”); Cooter & Gell v. Hartmarx Corp., 
    496 U.S. 384
    , 395 (1990) (listing proceedings for costs and attorneys’
    fees as collateral issues “that a federal court may consider after
    an action is no longer pending”).
    Nor does ancillary enforcement jurisdiction end when a
    court renders a judgment on the merits or dismisses a case. As
    Chief Justice Marshall recognized: “[t]he jurisdiction of a
    [c]ourt is not exhausted by the rendition of its judgment, but
    continues until that judgment shall be satisfied.” Wayman v.
    Southard, 23 U.S. (10 Wheat.) 1, 23 (1825); see also Riggs v.
    Johnson Cnty., 73 U.S. (6 Wall.) 166, 187 (1867) (“Process
    subsequent to judgment is as essential to jurisdiction as process
    antecedent to judgment, else the judicial power would be
    incomplete and entirely inadequate to the purposes for which
    it was conferred by the Constitution.”). “It is well established
    that a federal court may consider collateral issues after an
    action is no longer pending,” including “motions for costs or
    attorney’s fees.” Cooter & Gell, 
    496 U.S. at 395
    ; see also
    White v. N.H. Dep’t of Emp. Sec., 
    455 U.S. 445
    , 451 n.13
    (1982) (explaining that, even “years after the entry of a
    judgment on the merits,” a federal court may award counsel
    fees); Nat’l City Mortg. Co., 647 F.3d at 85 (holding the
    District Court had ancillary jurisdiction after judgment was
    entered in order to give effect to the remedy it granted).
    These precedents lead us to conclude that the District
    Court had ancillary enforcement jurisdiction over the dispute
    between Thompson and Paddick. The Supreme Court has
    indicated that ancillary enforcement jurisdiction extends to
    9
    attorney fee disputes. White, 
    455 U.S. at
    447–48, 452, 454
    (resolving a post-judgment motion for attorney’s fees under 
    42 U.S.C. § 1988
     more than four months after the parties settled
    the case and the district court approved a consent decree);
    Sprague v. Ticonic Nat’l Bank, 
    307 U.S. 161
    , 170 (1939)
    (holding that because a petition for fees is “an independent
    proceeding supplemental to the original,” the suggestion “that
    it came after the end of the term at which the main decree was
    entered and [is] therefore too late” was unavailing). Numerous
    federal courts have recognized the same. See, e.g., K.C. ex rel.
    Erica C. v. Torlakson, 
    762 F.3d 963
    , 968 (9th Cir. 2014)
    (“There is no debate that a federal court properly may exercise
    ancillary jurisdiction over attorney fee disputes collateral to the
    underlying litigation.” (internal quotation omitted)); In re
    Austrian & German Bank Holocaust Litig., 
    317 F.3d 91
    , 98 (2d
    Cir. 2003) (same); Zimmerman v. City of Austin, 
    969 F.3d 564
    ,
    568 (5th Cir. 2020) (same); WRIGHT & MILLER § 3523.2 (“One
    of the best-established uses of ancillary jurisdiction is over
    proceedings concerning costs and attorney’s fees.”). As
    discussed, jurisdiction over attorney fee disputes continues
    after the resolution of the underlying case.
    This Court has addressed the role of ancillary
    enforcement jurisdiction in the realm of legal fee disputes on
    several occasions, most importantly in Novinger v. E.I. DuPont
    de Nemours & Co., 
    809 F.2d 212
     217–18 (3d Cir. 1987), and
    In re Community Bank of Northern Virginia Mortgage Lending
    Practices Litigation, 
    911 F.3d 666
    , 671–74 (3d Cir. 2018). In
    Novinger, we upheld the district court’s exercise of ancillary
    jurisdiction over a fee dispute between a client and the client’s
    former counsel following a settlement agreement in the client’s
    underlying case (but before the district court had approved the
    settlement and dismissed the action). Novinger, 
    809 F.2d at
    10
    213, 217. Because the former counsel was attempting to obtain
    a portion of the client’s fund, the underlying case could not be
    fully resolved without a determination as to the fees. Federal
    courts, we noted, have a “vital interest” in resolving fee
    disputes in such a case “because they bear directly upon the
    ability of the court to dispose of cases before it in a fair
    manner.” 
    Id. at 217
    . The district court’s ability to enforce and
    effectuate the settlement agreement, then, “necessarily
    includes the power to resolve disputes with respect to the
    payment of attorneys’ fees and expenses.” 
    Id.
    Thirty years later we circled back to a question left
    unresolved in Novinger: whether “ancillary jurisdiction
    extends to the resolution of a post settlement fee dispute
    between two attorneys, only one of whom was attorney of
    record.” 
    Id.
     at 218 n.4. We held ancillary jurisdiction did not
    exist. In re Cmty. Bank, 911 F.3d at 672. That was because the
    district court “ha[d] no control over the [settlement] funds” and
    “the fee-splitting dispute ha[d] no impact on the timing or
    substance of the litigants’ relief in the underlying case.” Id.
    This case differs from In re Community Bank in
    meaningful ways. Most notably, both Paddick and Thompson
    were counsel-of-record to the Clients. Another significant
    difference is that the District Court here has control over the
    disputed funds. It first ordered Thompson to maintain “[t]he
    contested portion” in an “escrow account pending resolution of
    the motion,” Dist. Ct. Dkt. No. 321, at 2, and later ordered
    Thompson, “[a]s custodian of the escrow account,” to release
    the funds to Paddick, Dist. Ct. Dkt. No. 357, at 2. And because
    Thompson argued then (and now) that Paddick’s fees must
    come from the Clients’ portion of the settlement fund, the
    resolution of the fee dispute could have “impact[ed] . . . the
    timing or substance of the litigants’ relief.” In re Cmty. Bank,
    11
    911 F.3d at 672. Had the District Court agreed with Thompson
    that any fees due to Paddick were to be collected from the
    Clients’ share, they would have received roughly $54,000 less.
    Such a reduction would have had a significant impact on the
    Clients’ relief.
    Given the abundance of caselaw supporting the
    application of ancillary enforcement jurisdiction to attorney’s
    fee disputes—even after disposition of the underlying case
    where jurisdiction was not explicitly retained—we hold the
    District Court did not err in exercising such jurisdiction over
    this fee dispute that was raised for the first time after dismissal
    of the underlying case but was necessary to effectuate the
    Court’s judgment.
    III
    Having concluded the District Court properly exercised
    jurisdiction over the fee dispute, we turn to the merits of
    Thompson’s remaining arguments. The District Court
    correctly addressed each at length in its thorough and well-
    reasoned opinion. See Butt, 
    2018 WL 1991737
    , at *2–21.
    A
    Thompson claims the District Court erred when it
    awarded Paddick fees because the doctrines of duress and
    unclean hands bar him from any recovery. We disagree.
    1
    Thompson’s duress argument is based on the notion that
    the Clients signed contingency agreements with Paddick only
    after he approached them the night before their Third Circuit
    argument and threatened to not appear. According to
    12
    Thompson, “perceiving the impending threat and danger to
    their appeal,” the Clients “were induced into retaining
    Paddick.” Butt Br. 33. These facts render the agreements void,
    Thompson claims.
    The District Court rejected this argument, finding the
    Clients failed to produce clear and convincing evidence of “a
    wrongful act or threat by [Paddick] that left the [Clients] no
    reasonable alternative.” Butt, 
    2018 WL 1991737
    , at *5
    (quoting Seal v. Riverside Fed. Sav. Bank, 
    825 F. Supp. 686
    ,
    695 (E.D. Pa. 1993)). The Court pointed to evidence of a
    positive relationship between the Clients and Paddick after the
    Third Circuit argument. It also emphasized that the Clients did
    not exercise their rights to terminate their agreements with
    Paddick until over two years after signing them. Finally, after
    weighing conflicting testimony from the Clients and Paddick
    as to Paddick’s alleged threat to not appear for oral argument,
    the Court found “Paddick’s testimony on this point more
    credible than that which was offered by the Former Clients.”
    Id. at *6. Because these factual findings were not clearly
    erroneous, see Fields v. Speaker of Pa. House of Reps., 
    936 F.3d 142
    , 149 (3d Cir. 2019), we agree with the District Court
    that Thompson failed to establish duress by clear and
    convincing evidence. Cooper v. Oakes, 
    629 A.2d 944
    , 948 (Pa.
    Super. Ct. 1993) (“The proponent of avoiding the agreement
    then bears the burden of proving . . . duress by clear and
    convincing evidence.” (emphasis omitted)).
    2
    Even if the agreements were valid when entered,
    Thompson argues, Paddick is still barred from quantum meruit
    recovery under the doctrine of unclean hands. Thompson
    provides a laundry list of alleged missteps Paddick made at
    13
    various stages of his representation of the Clients. See Butt Br.
    34–40. Considered together, Thompson asserts, Paddick’s
    failures bar recovery of fees.
    As the District Court aptly noted, “inadequacy in
    [Paddick’s] representation of the [Clients] goes to the amount
    of quantum meruit recovery.” Butt, 
    2018 WL 1991737
    , at *14
    (quoting Mulholland v. Kerns, 
    822 F. Supp. 1161
    , 1170 (E.D.
    Pa. 1993)). Without “convincing evidence that Paddick ha[d]
    committed illegal acts in his representation of the Former
    Clients,” Paddick was not barred from reasonable
    compensation for the value of his services. 
    Id.
    Paddick may not have provided the Clients flawless
    representation. But his acts do not constitute unconscionable
    conduct such that recovery should be precluded. See, e.g., In re
    Est. of Pedrick, 
    482 A.2d 215
    , 222–23 (Pa. 1984). We agree
    with the District Court that any such shortcomings in
    performance go to the amount he deserves under the equitable
    doctrine of quantum meruit. Imperfect representation does not
    necessarily bar Paddick from recovery.
    B
    Thompson’s fallback position is that even if Paddick is
    entitled to fees, they must be paid from the Clients’ share of
    the settlement fund. Under her contingency fee agreement with
    the Clients, Thompson “limited her liability as substituting
    counsel for any of Paddick’s actions or inactions.” Butt Br. 42
    (emphasis omitted). Thompson cites the language in her
    agreements—coupled with the fact Paddick filed his motion
    against the Clients instead of Thompson—to show that
    Paddick’s fee cannot be taken from Thompson.
    14
    In a separate order and opinion following a hearing, the
    District Court rejected Thompson’s argument, holding that the
    fees must come from Thompson’s $133,000. See Paddick v.
    Butt, 
    2018 WL 2359401
     (E.D. Pa. May 24, 2018). “The
    consequence of what Thompson would like us to do,” the
    District Court wrote, “would leave her clients with just
    over . . . half (51%) of their settlement proceeds.” Id. at *5.
    Relying on a Massachusetts Supreme Court case as persuasive
    authority, the District Court held that Thompson’s request was
    “manifestly unjust,” id., because a client “should never be
    made to pay twice,” id. (quoting Malonis v. Harrington, 
    816 N.E.2d 115
    , 123 (Mass. 2004)) (District Court’s emphasis). 4
    For the reasons set forth in the District Court’s thorough
    opinion, we will affirm the Court’s order that Paddick’s fees
    must come from Thompson’s portion of the settlement fund.
    C
    Thompson’s final argument—that Magistrate Judge
    Strawbridge “abused his discretion in failing to recuse
    himself,” Butt Br. 46—also fails. 5 Thompson made many
    accusations of partial behavior in her motion for recusal (and
    4
    The District Court expressed a similar view during the
    hearing. See App. 748 (“It is inconceivable to me that any
    prudent lawyer would not expect that there’s a possibility of an
    attorney lien coming and if there’s an attorney lien coming
    [you must] calculate that [when negotiating your fee].”).
    5
    In May 2017, the parties consented to proceed before United
    States Magistrate Judge David Strawbridge. See
    
    28 U.S.C. § 636
    (c)(1).
    15
    the accompanying affidavit and brief). On appeal, Thompson
    focuses on three examples of alleged bias by Magistrate Judge
    Strawbridge: (1) on a phone call with Thompson and counsel
    for one of the defendants, he “offered reasons why he was
    ‘frustrated’ with Thompson”; (2) he “strongly suggested to
    Thompson that Paddick would recover [on Paddick’s lien] and
    it would come from her fee”; and (3) he “acted as former
    clients’ advocate throughout the [lien] hearing.” Butt Br. 46–
    47. 6 When considered together, Thompson concludes,
    Magistrate Judge Strawbridge’s “impartiality might
    reasonably be questioned” so recusal was required under
    
    28 U.S.C. § 455
    (a). Butt Br. 47.
    The District Court, relying heavily on the Supreme
    Court’s decision in Liteky v. United States, 
    510 U.S. 540
    (1994), disagreed, holding that no “reasonable observer
    considering the totality of the circumstances would believe that
    the Court was acting based upon bias, prejudice, or any other
    improper motive.” Butt, 
    2018 WL 1991737
    , at *21. Our
    independent review of the record revealed no evidence of bias
    by Magistrate Judge Strawbridge. The negative comments he
    made reflected his views on the merits of Thompson’s
    arguments, not prohibited bias.
    As to the first allegation—that the judge expressed
    frustration with Thompson—the District Court correctly noted:
    6
    In her Reply Brief, Thompson claims the Court “acted as
    Paddick’s advocate against former clients.” Reply Br. 19.
    Regardless of whether Thompson believed the Court was
    serving the Clients’ or Paddick’s interests (or both), her
    common refrain is that the Court was acting against her
    interests.
    16
    “judicial remarks during the course of a trial that are critical or
    disapproving of, or even hostile to, counsel . . . ordinarily do
    not support a bias or partiality challenge,” Liteky, 
    510 U.S. at 555
    , and do not support such a challenge here. Thompson’s
    second allegation—that the Court suggested Paddick would
    recover his fee from Thompson—is likewise not grounds for
    recusal. “[O]pinions formed by the judge on the basis of facts
    introduced or events occurring in the course of the current
    proceedings, or of prior proceedings, do not constitute a basis
    for a bias or partiality motion.” 
    Id.
     A remark as to the perceived
    strength of the case after a day of testimony would not, to a
    reasonable observer, “reflect[] a fixed or immovable view
    about the merits of Paddick’s request for a counsel fee.” Butt,
    
    2018 WL 1991737
    , at *20. Finally, Thompson’s claim that
    Judge Strawbridge acted as counsel against her when he
    questioned witnesses is equally unavailing. “A judge’s
    ordinary efforts at courtroom administration” are “immune”
    from a recusal challenge. Liteky, 
    510 U.S. at 556
    .
    The District Court accurately described the governing
    law set forth in Liteky and correctly applied it here. The Court
    did not abuse its discretion when it denied Thompson’s recusal
    motion. See Edelstein v. Wilentz, 
    812 F.2d 128
    , 131 (3d Cir.
    1987).
    *      *       *
    For the reasons we have explained, the District Court
    had ancillary enforcement jurisdiction over the fee dispute
    between Paddick and Thompson. And because Thompson’s
    other claims lack merit, we will affirm the judgment of the
    District Court.
    17