Avendano v. Security Consultants Group

302 F.R.D. 588, 2014 U.S. Dist. LEXIS 127982, 2014 WL 4546951
CourtDistrict Court, D. Nevada
DecidedSeptember 12, 2014
DocketNo. 3:13-cv-00168-HDM-VPC
StatusPublished
Cited by2 cases

This text of 302 F.R.D. 588 (Avendano v. Security Consultants Group) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Avendano v. Security Consultants Group, 302 F.R.D. 588, 2014 U.S. Dist. LEXIS 127982, 2014 WL 4546951 (D. Nev. 2014).

Opinion

ORDER

VALERIE P. COOKE, United States Magistrate Judge.

Before the court are four motions filed by plaintiffs: motion for sanctions pursuant to Rule 11 against defendants United Government Security Officers of America, International Union, and United Government Security Officers of America, Local 283 (“union defendants”) and their counsel (# 92),1 motion for sanctions pursuant to Rule 11 against defendants Security Consultants Group, Inc., Paragon Systems, Inc. and Securitas Security Services USA, Inc. (“corporate defendants”) and their counsel (# 93), motion for sanctions pursuant to 28 U.S.C. § 1927 against union defendants and their counsel (# 96), and motion for sanctions pursuant to 28 U.S.C. § 1927 against corporate defendants and their counsel (# 95). For the reasons discussed below, plaintiffs’ motions are denied.

I. FACTUAL & PROCEDURAL BACKGROUND

On April 3, 2013, plaintiffs Isaac Avendano and Rolando Dueñas (“plaintiffs”) filed a complaint against union and corporate defendants (# 1). In their amended complaint, filed on February 14, 2014, plaintiffs allege that defendants have engaged in retaliation, harassment, and discrimination, and created a hostile work environment due to plaintiffs’ race and national origin in violation of Title VII of the Civil Rights Act of 1964 (# 58, p. 2). They also allege breach of contract under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, as well as 42 U.S.C. § 1981 and Nevada state-law claims. Id.

As to the union defendants only, plaintiffs allege that they breached their duty of fair representation of plaintiffs, who were union members, pursuant to NLRA § 301. Id. at 53-57. Plaintiffs allege that they held positions as federal court security for the corporate defendants. Id. Following a disciplinary incident, the corporate defendants suspended them without pay; they grieved the employers’ actions, and the union defendants represented them in an arbitration with the corporate defendants. Id. In a July 24, 2012 arbitration award, the arbitrator ordered plaintiffs be reinstated to their previous posts and receive back pay. Id. The union defendants breached their duty to fairly represent plaintiffs when they failed to pursue the enforcement of the arbitration award. Id. The union defendants delayed the recovery of plaintiffs’ back pay and failed to seek recovery of the full amount of back pay, lost overtime, compensatory time and all other related compensation to which plaintiffs were entitled. Id. The union defendants failed to challenge the employers’ position that any post assignment, regardless of the location, duties, shift, schedule and seniority, was acceptable and in compliance with the award. Id. Plaintiffs seek compensatory and punitive damages. Id. at 59-60.

[591]*591On January 17, 2014, the union defendants filed a motion to disqualify John A. Tucker Co., LPA (“Tucker”), plaintiffs’ counsel (# 47). They stated that Tucker represented the union defendants in 2011 and 2012 in the arbitration of the grievances the union defendants filed on behalf of plaintiffs. Id. at 3. Therefore, they argued that the Nevada Rules of Professional Conduct prohibited Tucker from now representing plaintiffs against the union defendants. Id. On January 24, 2014, corporate defendants filed a joinder to the motion (# 50).

On June 2, 2014, the court denied the motion to disqualify Tucker (#89). The court found that union defendants had provided only vague, conclusory affidavits in support of their motion, and therefore, the court concluded that union defendants had failed to meet their burden of demonstrating that the two matters are substantially related. Id. at 15.

On June 11, 2014, plaintiffs filed two motions for sanctions pursuant to Rule 11 — one against union defendants (# 92)2 and one against corporate defendants (#93).3 On June 12, 2014, plaintiffs filed two motions for sanctions pursuant to 28 U.S.C. § 1927 — one against union defendants (# 94)4 and one against corporate defendants (# 95).5 Plaintiffs mainly argue that union defendants filed a baseless motion to disqualify plaintiffs’ counsel for an improper purpose and that corporate defendants lacked even a potential conflict, and their joinder contained merely conclusory allegations and assertions of an ethical breach that so infected the entire litigation as to warrant disqualification of plaintiffs’ counsel.

II. LEGAL STANDARDS

A. Rule 11

Federal Rule of Civil Procedure 11 provides that by filing a written motion with the court, the filing attorney certifies that, to the best of the attorney’s knowledge and belief, after reasonable inquiry, the filing:

Is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; ... [and] that the factual contentions have evidentiary support.

Fed.R.Civ.P. 11(b). Plaintiffs provided notice to defendants of their intention to request Rule 11 sanctions, in compliance with the rule’s safe harbor provision. Fed. R.Civ.P. 11(e)(2).

A court considering a motion pursuant to Rule 11 must do two things: (1) decide whether a Rule 11 violation has occurred, and (2) decide whether to impose sanctions. Smith & Green Corp. v. Trustees of Const. Industry & Laborers Health & Welfare Trust, 244 F.Supp.2d 1098, 1103 (D.Nev.2003); McMahon v. Best, 2000 WL 1071828, *7 (N.D.Cal.2000). If the court determines that Rule 11(b) has been violated, it may impose appropriate sanctions upon the attorneys, law firms, or parties that are responsible for the violation. Smith & Green Corp., 244 F.Supp.2d at 1103. The main objective of Rule 11 is to deter baseless filings and curb litigation abuses. Id.; Salman v. State of Nevada Comm. On Judicial Discipline, 104 F.Supp.2d 1262 (D.Nev.2000). Pursuant to Rule 11, sanctions must be imposed upon litigants and counsel who file baseless papers without first conducting a reasonable and competent inquiry. Smith & Green Corp., 244 F.Supp.2d at 1103; Schutts v. Bentley Nevada Corp., 966 F.Supp. 1549 (D.Nev.1997). The test for determining whether a Rule 11 violation has occurred is one of objective reasonableness. Smith & Green Corp., 244 F.Supp.2d at 1103; Operating Engineers Pension Trust v. G.C. Wallace, Inc., 159 F.R.D. 536 (D.Nev.1994).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
302 F.R.D. 588, 2014 U.S. Dist. LEXIS 127982, 2014 WL 4546951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avendano-v-security-consultants-group-nvd-2014.