Bergeron v. Northwest Publications Inc.

165 F.R.D. 518, 1996 U.S. Dist. LEXIS 8463, 1996 WL 210089
CourtDistrict Court, D. Minnesota
DecidedApril 24, 1996
DocketCivil No. 3-94-1124
StatusPublished
Cited by10 cases

This text of 165 F.R.D. 518 (Bergeron v. Northwest Publications Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bergeron v. Northwest Publications Inc., 165 F.R.D. 518, 1996 U.S. Dist. LEXIS 8463, 1996 WL 210089 (mnd 1996).

Opinion

ORDER FOR SANCTIONS

MASON, United States Magistrate Judge.

I. Procedural History

This is an employment action brought by Joseph Bergeron alleging that Defendant failed to accommodate his disability in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Pursuant to 28 U.S.C. § 636(c) and related Rules of this Court, the parties waived their right to proceed before a United States District Judge and voluntarily consented to have all proceedings in this case conducted and determined by a United States Magistrate Judge, and it was so ordered by United States District Judge Michael J. Davis. The matter came before the Court on March 11,1996 for a hearing on the issue of sanctions, and on various Motions filed by both parties. Michael A. Pinotti, Esq., appeared on behalf of himself and the Plaintiff, who was personally present in the courtroom. Joseph R. Dennis, Esq., appeared on behalf of the Defendant.

On January 12, 1996, the Court granted partial summary judgment in favor of Defendant [Docket No. 81]. The Court also determined that Plaintiff and his counsel had violated the provisions of Rule 11. Upon that ground and others, it granted Defendant’s motion for sanctions against Plaintiff Joseph Bergeron and his attorney, Michael A. Pinotti. A hearing was scheduled to permit argument and submission of evidence concerning appropriate sanctions.

Plaintiff filed a memorandum in opposition to the sanctions requested by Defendant. He also brought numerous motions of his own: (1) “Plaintiffs Notice of Motion and Motion To Postpone The Sanction proceedings Until A Trial On The Merits Is Finalized;” (2) “Plaintiffs Notice of Motion and Motion To Vacate For It Ruled On A Claim Plaintiff Did Not Assert Or Sign;” (3) “Plaintiffs Notice of Motion and Motion to Vacate For It expressly Quoted From a Misdated September 12, 1994 Medical Report;” (4) “Plaintiffs Notice of Motion and Motion To Take Judicial Notice That the Final Federal Court Judgment in Radloff v. First American Case Is That It Lacks Jurisdiction;” (5) “Plaintiffs Notice of Motion and Motion To [520]*520Find that Defendant’s Attorney Breached His Duty Of Candor To the Court;” and (6) “Plaintiffs Notice of Motion and Motion to Amend His Complaint.” On March 7, 1996, Plaintiff filed an “Errata” to several of the documents he had filed. The Court heard arguments on the parties motions on March 11,1996.

II. Plaintiffs “Motion to Vacate For It expressly Quoted From a Misdated September 12, 1994 Medical Report”

Plaintiff moved the Court to vacate its January 12, 1996 Order because the Court quoted from a misdated medical report of Dr. Dace Trence on page six of the Order. The Court finds that the correct date of this report is April 26, 1994, not September 12, 1994. However, the content of Dr. Trence’s April 26, 1994 report is not in dispute. The date of the report does not change the merits of Plaintiffs claim or alter the conclusions of the Court.

Plaintiffs shift changed in November of 1993. Dr. Trence’s report states that Plaintiffs condition on April 26, 1994 was improved from his previous condition. The record also shows Plaintiffs insulin value remained relatively unchanged between March of 1993 and April of 1994, despite the change in shifts occurring in November of 1993. The April 26, 1994 report shows that Plaintiffs condition did not suffer as a result of the shift change, and that his condition may even have improved. Any deterioration that occurred after April of 1994 is not shown to relate to the shift change.

In any event, the April 26, 1994 Report is but a minor piece of the entire picture. The evidence shows Plaintiff going from doctor to doctor unsuccessfully seeking an opinion that his medical condition would not tolerate the shift change. He and his attorney commenced the action, and persisted in maintaining it, even though no medical opinion supported his claim. i (

III. Rule 11 Sanctions

At the present time, the Court makes no finding with respect to the amount of sanctions under 28 U.S.C. § 1927, or the amount of attorney's fees and costs under 42 U.S.C. § 12205. The Court will make a determination as to these issues once the entire case has been concluded on the merits. Sanctions under Rule 11 of the Federal Rules of Civil Procedure are necessary and appropriate at the present time, for the reasons set forth in the Order dated January 12, 1996 [Docket No. 81], and those which follow.

Rule 11 sanctions are properly imposed because viewed in the most favorable light, counsel for Plaintiff failed to make a reasonable investigation of the facts in this case before signing and filing the Complaint. At the time the Complaint was filed in September 28, 1994, there was no medical evidence to support the allegation that Plaintiffs disability required him to work the 10 to 5 shift, and four doctors had declined to. support his claim despite Plaintiffs urgent request that they do so. Even though no evidence existed to support his claim, Plaintiff caused the Complaint to be served upon Defendant in November of 1994. Plaintiff persisted in pursuing the claim in December of 1994, despite Defense counsel’s request that Plaintiff either dismiss its Complaint or specify facts which supported it. There was no basis for bringing a claim under the Minnesota Human Rights Act, but Plaintiff did so. He maintained this claim until August 11, 1995, when he reluctantly acknowledged that the bona fide seniority system barred his claim.

Sanctions are also appropriate because Plaintiffs counsel has filed motions which do not comply with the Federal Rules of Civil Procedure. Plaintiff’s confusing and contradictory motions have unreasonably multiplied the proceedings and needlessly increased the cost of litigation. The Plaintiffs problems appear to result, at least in part, from his counsel’s lack of knowledge regarding litigation procedures under the Federal Rules. In fact, the frivolous nature of the claim itself is a result of his counsel’s failure to make a preliminary investigation of the facts and the law prior to filing the Complaint as required by the Federal Rules.

In order to determine the proper Rule 11 sanction in this case, the Court considers the history and purpose of the Rule. The 1983 [521]*521Amendments to Rule 11 were intended to “address the problems of pretrial cost and delay by emphasizing the need to improve attorney behavior.” 5A Charles A Wright & Arthur R. Miller, Federal Practice and Procedure, § 1331 at 19 (2d. ed. 1990). The rule requires, inter alia, that all litigation papers be signed, certifying that the signer has made a reasonable inquiry into both the facts and the law and concluded that there is good ground to support the document submitted. Id. at 21. It also provided the court with explicit authority to impose sanctions for violation of the Rule.

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Cite This Page — Counsel Stack

Bluebook (online)
165 F.R.D. 518, 1996 U.S. Dist. LEXIS 8463, 1996 WL 210089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergeron-v-northwest-publications-inc-mnd-1996.