Martinez, Inc. v. H. Landau & Co.

107 F.R.D. 775, 54 U.S.L.W. 2278
CourtDistrict Court, N.D. Indiana
DecidedOctober 23, 1985
DocketCiv. No. F 85-10
StatusPublished
Cited by6 cases

This text of 107 F.R.D. 775 (Martinez, Inc. v. H. Landau & Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez, Inc. v. H. Landau & Co., 107 F.R.D. 775, 54 U.S.L.W. 2278 (N.D. Ind. 1985).

Opinion

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on counterclaim-plaintiff’s (“Landau”) motion for Rule 11 sanctions against the counterclaim-defendants (“Martinez”) for the filing and subsequent withdrawal of their motion to dismiss the counterclaim. Both sides have briefed the motion. For the following reasons, the motion will be denied.

This case arises out of the dealings between Martinez and Landau under a contract whereby Landau agreed to supply certain fabric to Martinez for use in the production of ammunition cases for the United States Army. In January, 1985, Martinez filed this lawsuit, alleging that Landau had breached its contract, breached certain warranties, and committed fraud. By answer and counterclaim filed April 3, 1985, Landau claimed that Martinez violated the federal Racketeer Influenced and Corrupt Organizations Act (RICO), as well as the Indiana state RICO statute. Landau sought treble damages.

On June 24,1985, Martinez filed a motion to dismiss the counterclaim,'alleging four grounds for dismissal:

(1) that the federal RICO count failed to state a claim because it failed to allege a conviction on any of the predicate offenses alleged (the “prior conviction” requirement); .
(2) that the federal RICO claim failed to state a claim because it failed to allege any injury suffered by reason of the pattern of racketeering activity which was distinct from the injuries suffered as a result of the predicate offenses (the “RICO injury” requirement);
(3) that the federal RICO claim failed to state a claim because Martinez could not simultaneously be an “enterprise” ■ and a “person” under the RICO act; and
(4) the state RICO claim failed to state a claim because of the three shortcomings of the federal claim as well as the need to abstain from deciding state law until the state courts have had an opportunity to interpret it.

The first two grounds were based on the Second Circuit’s decision in Sedima, S.P.R.L. v. Imrex Co., Inc., 741 F.2d 482 (2d Cir.1984), rev’d, — U.S. —, 105 S.Ct. 3275, 87 L.Ed.2d 346 (1985), which was in conflict with the Seventh Circuit’s decision in Haroco, Inc. v. American National Bank and Trust Co. of Chicago, 747 F.2d 384 (7th Cir.1984), aff'd, — U.S. —, 105 S.Ct. 3291, 87 L.Ed.2d 437 (1985). Martinez asked this court to defer ruling on the motion to dismiss until after the Supreme Court decided the appeals in those cases.

On July 1, 1985, the Supreme Court decided Sedima and Haroco, rejecting the Sedima arguments upon which Martinez had relied. On July 26, 1985, Landau filed a memorandum of law in opposition to the motion to dismiss, devoting two pages to the first two grounds, and ten pages to grounds three and four. On August 21, 1985, Martinez addressed a letter to this court, in which the counterclaim defendants stated:

[777]*777In light of the Supreme Court’s decisions in Sedima ... and Haroco ... it is apparent that Martinez’s Motion to Dismiss the RICO claims on the pleadings is not now appropriate. Accordingly, in order to save the Court the burden of researching the issues raised in Martinez’s motion and in order to conserve the Court’s time in conducting oral arguments on it, Martinez now withdraws its motion.

On August 29, 1985, Landau filed this motion, seeking an award of attorney’s fees and costs for defending against the motion to dismiss.

Landau argues that grounds three and four of the motion to dismiss were unfounded in law and directly contrary to controlling precedent. Specifically, Landau claimed that the “person”-“enterprise” distinction at the heart of the third ground had been expressly rejected by the Seventh Circuit in Haroco, while the abstention urged in the fourth ground was rejected by the Supreme Court in Meredith v. City of Winter Haven, 320 U.S. 228, 64 S.Ct. 7, 88 L.Ed. 9 (1943). Further, Landau contends that because these issues were not the issues upon which the Supreme Court granted certiorari in Sedima and Haroco, Martinez knew they were groundless when the motion was filed. Landau also claimed that Martinez’ attempt to withdraw the motion in the letter of August 21 was an attempt to hide the third and fourth grounds from judicial scrutiny by claiming that Sedima and Haroco were the reason for the withdrawal.

Rule 11 of the Federal Rules of Civil Procedure, as amended in 1983, provides in pertinent part:

The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation ... If a pleading, motion, or other paper is signed in violation of this rule, the court ... shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include ... a reasonable attorney’s fee.

The core of Rule 11 is that the signature on the pleading or motion certifies that the pleading is “well grounded in fact and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.” This certification must be based on knowledge and belief “formed after a reasonable inquiry.” Thus, Rule 11 sanctions cannot be avoided by a mere subjective belief that the law or facts are a certain way; the “reasonable inquiry” language makes the test an objective one. Indianapolis Colts v. Mayor and City of Baltimore, 775 F.2d 177, 181 (7th Cir.1985); Glick v. Koenig, 766 F.2d 265, 270 (7th Cir.1985).

An unstated assumption of Landau’s argument for sanctions is that Rule 11 applies to the parts of a pleading as well as the whole. Here, Landau does not state that the first two grounds of the motion to dismiss were unwarranted by existing law or offered in violation of Rule 11 — indeed, given the pendency of the Sedima and Haroco appeals in the Supreme Court at the time the motion was filed, Landau could not make that claim in good faith. Thus, Landau focuses exclusively on grounds three and four, in effect arguing that their lack of merit alone justifies Rule 11 sanctions regardless of the merits of grounds one and two.

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Bluebook (online)
107 F.R.D. 775, 54 U.S.L.W. 2278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-inc-v-h-landau-co-innd-1985.