Nassau-Suffolk Ice Cream, Inc. v. Integrated Resources, Inc.

118 F.R.D. 45, 1987 U.S. Dist. LEXIS 11476, 1987 WL 23046
District Court, S.D. New York·Decided December 14, 1987·No. No. 86 Civ. 1766 (MP)·Published·Cited by 1 cases

Opinion

OPINION

MILTON POLLACK, Senior District Judge.

The so-called “Integrated” defendants1 moved for, and on June 22, 1987, were granted summary judgment in this suit, pursuant to Rule 56 of the Federal Rules of Civil Procedure. 662 F.Supp. 1499.

Jurisdiction had been predicated on federally-created claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968, and on principles of pendant jurisdiction as to state-created claims. In its Opinion dated June 22, 1987, however, the Court ruled:

The RICO claims against the Integrated defendants are therefore dismissed as failing to state a claim upon which relief [47]*47can be granted. The balance of the allegations against the Integrated defendants, which consists of state statutory and common law claims, is dismissed without prejudice. The state-created claims against the New Steve’s defendants are likewise dismissed without prejudice, thus terminating the entire action in this Court.

662 F.Supp. at 1507.

Following the termination of the suit in this Court, the Integrated defendants made the present motion for imposition of sanctions on the plaintiffs under Fed.R.Civ.P. 11. The notice of motion states:

The motion is predicated on the fact that plaintiffs included in their complaint, and repeated in their amended complaint and further amended complaint, frivolous claims asserting that defendants had violated the antitrust laws, 15 U.S.C. § 1, et seq., which claims were asserted for the improper purpose of harassing all defendants and caused, as a necessary consequence, a needless increase in the cost of litigation.

In the supporting affidavit accompanying the notice of motion, the attorney for the Integrated defendants defined the scope of the motion as follows:

The Motion is limited to the expenses incurred by the Integrated Defendants in defending against plaintiffs’ ill-founded attempts to assert and prove certain antitrust claims. Apparently recognizing that such claims were frivolous, plaintiffs abandoned all antitrust claims in their final pleading, which was denominated “the Second Amended Complaint.” The claims were not abandoned, however, until after the Integrated Defendants, among others, had expended substantial time and effort trying to ascertain the factual and legal underpinnings of such claims.

The antitrust claims had been voluntarily abandoned by plaintiffs in their final amended complaint upon a reevaluation of the case following discovery proceedings, which included the depositions of the plaintiffs.

The position of the moving parties is that plaintiffs’ counsel could not have conducted an adequate investigation of the facts and law before signing the complaints because the deposition testimony subsequently taken of the plaintiffs was, allegedly, inconsistent with the facts required to support plaintiffs’ antitrust claims.

In defense to the application, the plaintiffs contend that the moving parties simply ignore the deposition testimony which was consistent with plaintiffs’ antitrust claims and mischaracterize the testimony on which they do rely. The opposing parties further contend that the same witnesses who were deposed had been interviewed before the original complaint was filed and their information formed an appropriate basis on which counsel could reasonably assert antitrust claims against the Integrated defendants. They further claim that the plaintiffs did nothing more than request advice from counsel because they believed, allegedly with apparent justification, that they had been misled by defendants; that the plaintiffs provided to the New York lawyers, who were retained to investigate the facts and file the complaint, the facts as plaintiffs understood them; and that the plaintiffs then accepted the considered advice of the New York lawyers that, on the basis of those facts, they had a right to redress under the antitrust laws.

DISCUSSION

The Governing Standard

Rule 11 of the Federal Rules of Civil Procedure provides in pertinent part:

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, [48]*48motion, 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.

When it is obvious from the inadequacies of a proposed pleading that plaintiffs’ counsel engaged in little or no preliminary factual and legal investigation before filing the proposed pleading, Rule 11 directs the court to impose reasonable costs and attorney’s fees against the offending party. Wrenn v. New York City Health & Hospitals Corp., 104 F.R.D. 553, 559 (S.D.N.Y.1985). When a district court finds that an attorney or a party has violated Rule 11, the imposition of sanctions is mandatory. Eastway Constr. Corp. v. City of New York, 762 F.2d 243, 254 & n. 7 (2d Cir.1985).

The test is an objective one, no longer requiring a finding of the attorney’s bad faith, as was necessary before the 1983 amendment to Rule 11. Oliveri v. Thompson, 803 F.2d 1265, 1275 (2d Cir.1986), cert. denied, — U.S.-, 107 S.Ct. 1373, 94 L.Ed.2d 689 (1987). Sanctions are to be imposed when a competent attorney could not form the requisite reasonable belief as to the validity of what is asserted in the paper. Oliveri, 803 F.2d at 1275; Eastway Constr. Corp., 762 F.2d at 253-54. However, “in imposing rule 11 sanctions, the court is to avoid hindsight and resolve all doubts in favor of the signer____ [R]ule 11 is violated only when it is ‘patently clear that a claim has absolutely no chance of success.’ ” Oliveri, 803 F.2d at 1275 (quoting Eastway Constr. Corp., 762 F.2d at 254). Mere failure to prevail on the merits does not require the imposition of sanctions.

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Nassau-Suffolk Ice Cream, Inc. v. Integrated Resources, Inc., 118 F.R.D. 45, 1987 U.S. Dist. LEXIS 11476, 1987 WL 23046 (S.D.N.Y. 1987).

118 F.R.D. 45 (Nassau-Suffolk Ice Cream, Inc. v. Integrated Resources, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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