Marceaux v. Lafayette City-Parish Consolidated Government

14 F. Supp. 3d 760, 88 Fed. R. Serv. 3d 654, 2014 WL 1419245, 2014 U.S. Dist. LEXIS 50628
CourtDistrict Court, W.D. Louisiana
DecidedApril 11, 2014
DocketCivil Action No. 12-1532
StatusPublished
Cited by4 cases

This text of 14 F. Supp. 3d 760 (Marceaux v. Lafayette City-Parish Consolidated Government) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marceaux v. Lafayette City-Parish Consolidated Government, 14 F. Supp. 3d 760, 88 Fed. R. Serv. 3d 654, 2014 WL 1419245, 2014 U.S. Dist. LEXIS 50628 (W.D. La. 2014).

Opinion

JUDGMENT

RICHARD T. HAIK, SR., District Judge.

This matter was referred to United States Magistrate Judge Patrick Hanna for Report and Recommendation. After an independent review of the record, including the Objections and Reply to Objections, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. As such, it is hereby ORDERED.

The defendant’s request for attorney fees and expenses made a part of the Motion for Protective Order/Motion to Strike (Doc. # 61) is DENIED.

Sanctions under 28 U.S.C. section 1927 are DENIED.

The Motion for Sanctions under Rule 11 (Doc. # 13) is GRANTED AS AMENDED HEREIN. Specifically, Christopher Alexander and Stephen Spring, are hereby jointly fined in the amount of $2,500.00 to be made payable to the court and are hereby ordered to jointly reimburse the defendants $5,000.00. Further, Mr. Alexander and Mr. Spring are admonished against filing any future pleadings that violate any provision of Rule 11(b) and are hereby reprimanded for that contents of their original and amended complaint.

Report and Recommendations

(Rec. Docs. 13, 61)

PATRICK J. HANNA, United States Magistrate Judge.

Before the undersigned, on referral from the district judge for report and recommendation, are two motions for sanctions filed by the defendants: the Motion for Sanctions under Rule 11 and/or 28 U.S.C. § 1927 (Rec. Doc. 13) and the request for attorney fees and expenses that [763]*763is made a part of a Motion for Protective Order/Motion to Strike (Rec. Doc. 61). For the reasons set out below, it is the recommendation of the undersigned that the motion for attorneys fees and expenses be denied and the Motion for Sanctions under Rule 11 and/or 28 U.S.C. § 1927 be granted in part and denied in part.

Factual and Procedural Background:

This lawsuit was brought by fifteen current or former police officers with the Lafayette police department (henceforth LPD), seeking to recover monetary damages and other relief for alleged actions by their employer and/or fellow city employees. In general, the plaintiffs contend that an alleged “Code of Silence” was imposed by Police Chief Jim Craft, Lafayette City-Parish Consolidated Government Chief Administrative Officer Dee Stanley, and others “in order to maintain control” of the LPD, and that the alleged “Stanley-Craft Organization” “perpetuat[ed] a permanent hostile work environment” by initiating “bogus internal complaint and bogus internal affairs investigations,” strong-arming witnesses, manipulating statements, testifying falsely for the purpose of defeating legitimate policies, and ultimately seeking the termination of targeted officers who failed to comply with the “Code of Silence.” Thirteen defendants, including the city of Lafayette, the LPD, and various city officials and police officers, were named in the original complaint.

Before this suit was filed, an investigation was undertaken by the LPD into the alleged unauthorized release of confidential information by some of the plaintiffs in this lawsuit. That investigation was the subject of a state court petition for a temporary restraining order and injunction in which plaintiffs’ counsel sought to enjoin Stanley, Craft, and Major Jesse Alfred from conducting the investigation. (Rec. Docs. 13-10, 13-11). Although the TRO was initially issued, following an evidentia-ry hearing, the TRO was dismissed by the state district court on May 29, 2012, and suit was filed in this court six days later. (Rec. Docs. 1,13-12, pp. 1, 29-31).

The plaintiffs’ original complaint contained 271 numbered paragraphs setting forth a variety of allegations against Craft, Stanley, other defendants, and non-parties who were identified by name but against whom there was no viable cause of action even alleged. Many of the allegations pertained to events which did not involve any of the named plaintiffs. Summons was issued but the defendants were not served. Instead, on June 8, a communication demanding a “Cease and Desist Order” was sent by plaintiffs’ counsel to the individual council members for the Lafayette City-Parish Consolidated Government (henceforth LCG) in an effort to have them stop the LPD from conducting the investigation into the allegations of the unauthorized release of confidential information. (Rec. Doc. 13-13). The council members were told that, if they did not follow the “suggestions” set forth in the letter, plaintiffs’ counsel would “be obligated to join each and every one of you, individually, as parties to the federal litigation.” (Rec. Doc. 13-13).

On July 6, 2012, defense counsel sent plaintiffs’ counsel correspondence with a Motion for Sanctions in compliance with its obligations under Fed.R.Civ.P. 11(c)(2). (Rec. Doc. 13-20). On the same date, the defendants responded to the complaint with a motion to strike the allegedly redundant, immaterial, impertinent, and scandalous allegations in the complaint (Rec. Doc. 4) and sought dismissal of the complaint pursuant to Rule 12(b)(6) for failure to state a claim. (Rec. Doc. 5). When it became clear that no remedial action would be taken by plaintiffs’ counsel, on July 31, 2012, the defendants filed [764]*764their motion for sanctions under Rule 11 and/or 28 U.S.C. § 1927. (Rec. Doc. 13). A motion for protective order (Rec. Doc. 18) followed.

A Rule 16 conference was held on September 5, 2012 concerning the pending motions at which the plaintiffs were afforded an opportunity to seek leave to amend their complaint. (Rec. Doc. 27). The Court also ordered that, on receipt and consideration of the amended complaint, defense counsel were to advise the Court whether the pending motion to dismiss or the pending motion to strike would go forward as presented or whether either would be amended/supplemented based on the content of the amended pleading. The same order deferred consideration of the motion for sanctions pending ruling on the dispositive motions.

The plaintiffs’ first amended complaint was ultimately filed, adding six new plaintiffs and seven new defendants. It is comprised of fifty-eight pages, with 354 numbered paragraphs. (Rec. Doc. 74). The defendants reurged their motions to strike and to dismiss. (Rec. Docs. 64, 65). Following extensive briefing and lengthy oral argument, the motion to strike was granted in part and denied in part, with the undersigned striking a total of 102 paragraphs (93 from the original complaint and 9 from the amended complaint) as scandalous, immaterial, or impertinent.1 (Rec. Doc. 77).

This Court issued a report and recommendation on the motion to dismiss (Rec. Doc.

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14 F. Supp. 3d 760, 88 Fed. R. Serv. 3d 654, 2014 WL 1419245, 2014 U.S. Dist. LEXIS 50628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marceaux-v-lafayette-city-parish-consolidated-government-lawd-2014.