Grenfell v. Lackawanna County

• Court: District Court, M.D. Pennsylvania
• Decided: June 25, 2020
• Docket: 3:18-cv-01657
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

RICHARD GRENFELL, : CIVIL ACTION NO.: 3:18-CV-1657 : Plaintiff, : : (Chief Magistrate Judge Schwab) v. : : LACKAWANNA COUNTY, et al., : : Defendants. :

ORDER June 25, 2020

We are in receipt of the defendants’ motion for sanctions wherein the defendants move pursuant to Fed. R. Civ. P. 11 seeking as sanctions an order striking the complaint of the plaintiff, Richard Grenfell (“Grenfell”), entering judgment for the defendants, and awarding a monetary sanction on Grenfell equal to the defendants’ fees. Doc. 21 at 13. “Rule 11 authorizes imposition of sanctions upon the signer of any pleading, motion, or other paper that was presented for an improper purpose.” Zion v. Nassan, 727 F. Supp. 2d 388, 408 (W.D. Pa. 2010) (citing Landon v. Hunt, 938 F.2d 450, 452 (3d Cir. 1991)). “Rule 11 sanctions are based on ‘an objective standard of reasonableness under the circumstances.’” Id. (quoting Mary Ann Pensiero, Inc. v. Lingle, 847 F.2d 90, 94 (3d Cir. 1988)). Thus, “[b]ad faith is not required” to impose sanctions under Rule 11. Id. at 409 (citing Landon, 938 F.2d at 453 n.3) (other citations omitted). But the “district court must exercise discretion and sound judgment” in considering sanctions since “Rule 11 is intended only for exceptional circumstances.” Id.

(quoting Eavenson, Auchmuty & Greenwald v. Holtzman, 775 F.2d 535, 540 (3d Cir. 1985); Gaiardo v. Ethyl Corp., 835 F.2d 479, 483 (3d Cir. 1987)). Upon consideration of the defendants’ motion and briefs, docs. 21, 22, 25,

and Grenfell’s brief, doc. 23, as well as oral arguments on this issue, we cannot say at this pre-discovery juncture that Grenfell’s filings are objectively unreasonable, especially since Grenfell’s claim survived the defendants’ motion to dismiss. See doc. 14. Thus, IT IS ORDERED that the defendants’ motion for sanctions, doc.

21, is DENIED WITHOUT PREJUDICE pending the conduction and results of discovery.

S/Susan E. Schwab Susan E. Schwab United States Magistrate Judge