Mihalik v. Pro Arts, Inc.

851 F.2d 790, 1988 WL 68774
Court of Appeals for the Sixth Circuit·Decided July 7, 1988·No. No. 87-3313·Published·Cited by 32 cases

Opinion

BOYCE F. MARTIN, Jr., Circuit Judge.

Theodore N. Trikilis appeals the district court’s decision to deny his motion for sanctions under Fed.R.Civ.P. 11 against plaintiffs Richard P. Mihalik, Don Doughty, and Paul Useloff, and against attorneys Peter A. Cantwell, Stephen F. Boulton, and Leonard B. Scharfeld. We affirm.

This appeal represents the latest, and we hope final, chapter in this protracted litigation. The action began in April 1980 when the plaintiffs sued Trikilis, Pro Arts, Inc., and two other men in federal district court in Illinois for breach of contract and fraud. During the 1970’s, the plaintiffs were employed in various capacities at Pro Arts, Inc., a company in the business of distributing art posters to retail outlets. The three men were fired by Trikilis, one of the principal owners of Pro Arts, for allegedly violating their employment agreements by forming a separate company which competed against Pro Arts. In their suit against Trikilis, however, the plaintiffs claimed that he breached their contracts, and they alleged that Trikilis’ conduct violated federal anti-trust laws.

Following some initial discovery relating to jurisdictional issues and venue, the Illinois district court ruled that it had jurisdiction. It also ordered Trikilis and the other defendants to pay $7,000 for attorneys’ fees and other expenses incurred by the plaintiffs in responding to motions which the court found were interposed in “bad faith and vexatious[ly].”1 For reasons that are not clear in this record, the case was, in September 1981, transferred to the Northern District of Ohio.

During the following two-and-one-half years, the parties filed numerous motions. On more than one occasion, moreover, each party requested that discovery be extended. Eventually, after repeated attempts to set a firm trial date, the Ohio district court’s patience ran out. On the day of the scheduled trial, March 26, 1984, the plaintiffs’ attorney moved to dismiss the amended complaint without prejudice, but Trikilis and the other defendants objected. The court denied the plaintiffs’ motion and asked both parties if they were prepared to [792] commence trial. Trikilis and the other defendants said they were ready to begin, but the plaintiffs' attorney told the court that his clients were not. The district court then ordered the complaint dismissed with prejudice for failure to prosecute.

The plaintiffs appealed this decision, and this court reversed. On May 16, 1985, this court held that the district court had abused its discretion in directing dismissal with prejudice because this court believed that Trikilis and the other defendants were partially responsible for the district court’s “understandable frustration.” 765 F.2d 145.

On remand, the case was assigned to a new judge. On August 28, 1986, after another year of discovery, the district court held a pretrial conference. At this conference, Trikilis’ attorney, Roger R. Ingraham, apparently stated that Trikilis and the other defendants had no money with which to satisfy any judgment that could be entered against them. Although Trikilis denies that he is judgment-proof, the court subsequently granted Ingraham’s motion to withdraw as Trikilis’ counsel because Trikilis did not have enough money to pay his legal expenses.2 At this same conference, the court set a firm trial date of October 27, 1986.

Less than a week before the trial, however, the plaintiffs filed a motion for voluntary dismissal. The memorandum accompanying that motion apparently stated that, although they continued to believe their claims were valid, the plaintiffs had decided to abandon their claims because they did not want to incur any more expenses to seek a judgment which quite possibly could not be satisfied. On October 23, two days after this motion was filed, the court conducted a conference call with Trikilis and the plaintiffs’ attorney, Peter Cantwell. During this call, the court said that the plaintiffs must either proceed to trial or accept a dismissal with prejudice. The plaintiffs chose the latter, and, on October 31, the district court entered an order dismissing the plaintiffs’ complaint with prejudice.

On March 13, 1987, more than four months after the entry of judgment, Trikil-is, possibly remembering the earlier action of the Illinois district judge, filed a motion for sanctions under Rule 11. Trikilis sought $15,000 in “time fees” and $1,404.67 in “out-of-pocket expenses,” both purportedly incurred in preparing for the scheduled trial. The district court promptly denied this motion, and Trikilis now appeals that decision.

Rule 11 requires that “[ejvery pleading, motion, and other paper of a party represented by an attorney” be signed by an attorney of record, and the rule provides:

The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer’s 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, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.

The test for the imposition of Rule 11 sanctions in this circuit is whether the individual’s conduct was reasonable under the circumstances. INVST Financial Group v. Chem-Nuclear Systems, 815 F.2d 391, 401 (6th Cir.1987). If the court finds that the alleged misconduct was not reasonable, the court must impose sanctions. The nature and amount of the sanctions, though, may vary depending upon the severity of the [793] misconduct. Albright v. Upjohn Co., 788 F.2d 1217, 1222 (6th Cir.1986). For example, where the court concludes that an attorney acted in good faith, yet violated Rule 11 because of overzealousness, the court may compute the amount of the sanctions more leniently. See Yancey v. Carroll County, 674 F.Supp. 572 (E.D.Ky. 1987).

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Mihalik v. Pro Arts, Inc., 851 F.2d 790, 1988 WL 68774 (6th Cir. 1988).

851 F.2d 790 (Mihalik v. Pro Arts, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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