Northwest Bypass Group v. U.S. Army Corps of Engineers

552 F. Supp. 2d 137, 2008 U.S. Dist. LEXIS 35454, 2008 WL 1843889
CourtDistrict Court, D. New Hampshire
DecidedApril 22, 2008
DocketCivil No. 06-CV-00258-JAW
StatusPublished
Cited by7 cases

This text of 552 F. Supp. 2d 137 (Northwest Bypass Group v. U.S. Army Corps of Engineers) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northwest Bypass Group v. U.S. Army Corps of Engineers, 552 F. Supp. 2d 137, 2008 U.S. Dist. LEXIS 35454, 2008 WL 1843889 (D.N.H. 2008).

Opinion

ORDER ON MOTIONS FOR SANCTIONS

JOHN A. WOODCOCK, JR., District Judge.

I. STATEMENT OF FACTS

In this acrimonious, complex, and prolonged lawsuit, the parties have filed dueling motions for sanctions. The Court reviews the factual and legal backdrop of these motions, denies the Plaintiffs’ motion, and defers final ruling on the motions of the Defendants and Intervenors. The Court orders the scheduling of a hearing on the pending motions to accord the parties, particularly the Plaintiffs and their counsel, an opportunity to be heard.

A. The Motions for Sanctions

On September 27, 2007, the city of Concord moved for sanctions against Plaintiffs Northwest Bypass Group, Morton C. and Carolyn H. Tuttle, Leslie J. Ludtke, and their counsel, Gordon R. Blakeney, Jr., seeking reimbursement of attorney’s fees totaling $14,448.50 that it expended defending what it termed were “unnecessary and inappropriate pleadings ... filed for vexatious purposes and undertaken with no reasonable expectation of prevailing on the merits.” Mem. of Law in Supp. of Def. City of Concord’s Mot. for Sanctions at 2 (Docket # 153-2) (Concord Mem.). On October 26, 2007, Intervenors Concord Hospital and St. Paul’s School followed suit and filed their own motion for sanctions, requesting $12,610.94 in attorney’s fees on the same basis.1 Mem. of Law in [139]*139Supp. of Intervenors’ Mot. for Sanctions (Docket # 160-2) (Intervenors’ Mem.); In-tervenors’ Mot. to Substitute Intervenors’ Mot. for Sanctions and Mem. of Law in Support Thereof. The Plaintiffs and their counsel have objected. Pis.’ Mem. in Supp. of Provisional Objection to Def. City of Concord’s Mot. for Sanctions with Req. for a Hr’g (Docket # 159-2) (Pis. ’ Mem.); Att’y Blakeney’s Mem. in Supp. of Objection to Intervenors’ Mot. for Sanctions (Docket # 168-2) (Blakeney Mem.).

B. The Source of Controversy

The Plaintiffs and their lawyer have waged an interminable, dogged, and uncompromising campaign in administrative venues, and in state and federal courts, to oppose the construction of Phase II of the Northwest Bypass. The Defendants’ motions for sanctions contend that the Plaintiffs’ conduct in this case has crossed the line, hardening legitimate opposition into harassment.

The Court has elsewhere related the controversy surrounding the construction of Phase II of the Northwest Bypass. The litigation began in the courts of the state of New Hampshire, ending with the New Hampshire Supreme Court. Blakeney v. City of Concord, No. 2004-0438, slip op. (N.H. Aug. 19, 2005) (Corrected Order). Unsuccessful at the state level, the Plaintiffs pursued this federal action. Concerned that the road construction was about to begin, the Plaintiffs moved for a temporary restraining order on September 6, 2006. Pis.’ Emergency Mot. for TRO and Req. for Expedited Hr’g (Docket # 32). After a September 13, 2006 hearing, the Court denied the motion on September 15, 2006. Northwest Bypass Group v. U.S. Army Corps of Eng’rs, 453 F.Supp.2d 333 (D.N.H.2006) (Order on Pis. ’ Mot. for TRO (Docket # 46)) (Northwest Bypass Group I)- On January 5, 2007, the Court denied the Plaintiffs’ motion for preliminary injunction. Northwest Bypass Group v. U.S. Army Corps of Eng’rs, 470 F.Supp.2d 30 (D.N.H.2007) 0Order on Pis.’ Mot. for Prelim. Inj. (Docket # 81)) (Northwest Bypass Group II). Contemporaneous with this opinion, the Court is issuing a decision denying the Plaintiffs’ motion for permanent injunction. Order on. Pis.’ Mot. for Permanent Inj. This much is unremarkable.

C. Serial Motions to Reconsider

What is striking is the Plaintiffs’ persistent refusal to accept the Court’s decisions. The Plaintiffs have moved the Court to reconsider nearly every order it has issued.2 See Northwest Bypass Group I, 453 F.Supp.2d at 345; Pis.’ Mot. to Reconsider Order on Pis. ’ Mot. for TRO (Docket # 50); Addendum to Pis. ’ Mot. to Reconsider Order on Pis. ’ Mot. for TRO (Docket # 54); Northwest Bypass Group II, 470 F.Supp.2d at 67; Pis.’ Am. Mot. to Reconsider Order on Pis. ’ Mot. for Prelim. Inj. (Docket # 91); Order on Pis. ’ Mot. to Complete Administrative R. and Mot. for Leave to File a Reply (Docket # 82); Pis. ’ Am. Mot. for Partial Recons, of Order on Pis. ’ Mot. to Complete the Administrative R. and Mot. for Leave to File a Reply (Docket # 92); Order on Pis. ’ Mots, for Leave to Amend the Compl. (Docket # 119); Pis.’ Mot. to Reconsider Order on [140]*140Pis.’ Mots, for Leave to Amend Compl. (Docket # 123); Order on Pis. ’ Mot. for Sanctions and Mot. to Disqualify Counsel (Docket # 120); Mot. for Partial Recons, and to Clarify Order on Pis.’ Mot. for Sanctions and Mot. to Disqualify Counsel (Docket # 127).

D.Serial Denials

With one exception, the Court denied each motion for reconsideration. See Northwest Bypass Group II, 470 F.Supp.2d at 35 n. 5; Order on Pis. ’ Am. Mot. for Partial Recons, of Order on Pis. ’ Mot. to Complete the Administrative R. (Docket # 118); Order on Pis.’ Am. Mot. for PaHial Recons, of Order on Pis. ’ Mot. for Preliminary Inf (Docket # 124); Order on Mot. to Reconsider Order on Mots, for Leave to Am. Compl. (Docket # 137).

The sole exception was the Plaintiffs’ motion for partial reconsideration of the order on the motion for sanctions. In its Order, the Court assumed that as the motion addressed interaction solely between the City and the Tuttles, the remaining plaintiffs — Northwest Bypass Group and Leslie J. Ludtke — should not be subject to sanction. Order on Pis.’ Mot. for Sanctions and Mot. to Disqualify Counsel at 1. In a response that was at least in part baffling, Northwest Bypass Group and Ms. Ludtke moved for reconsideration, not just asking for reconsideration of the merits, but also clarifying that they had filed the motion “on behalf of all the plaintiffs.” Mot. for PaHial Recons, and to Clarify Order on Pis.’ Mot. for Sanctions and Mot. to Disqualify Counsel at 2. Acceding to a portion of their request, the Court agreed to “consider imposing sanctions against all of the Plaintiffs and their counsel, not against the Tuttles and their counsel alone.” Order on Pis. ’ Mot. for PaHial Recons, of Order on Sanctions at 2 (Docket # 140).

E. The Immediate Precursors: Plaintiffs’ Motions for Sanctions

The immediate precursors to the Defendants’ motions for sanctions were the motions for sanctions that the Plaintiffs themselves filed against the city of Concord, claiming that the City engaged in potential violations of criminal law and breached its contractual duty of good faith and fair dealing. Pis. ’ Mot. for the Imposition of Sanctions for the City of Concord’s Bad Faith Tactics Constituting Obstruction of Justice (Docket # 107); Mot. to Disqualify the Def. City’s Counsel from Representation of Ms. Drukker and to Accordingly Strike the Aff. of MaHha Drukker (Docket # 114). In its Order dated May 24, 2007, 488 F.Supp.2d 22, the Court denied the Plaintiffs’ motions for sanctions. Order on Pis. ’ Mot. for Sanctions and Mot. to Disqualify Counsel.

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Bluebook (online)
552 F. Supp. 2d 137, 2008 U.S. Dist. LEXIS 35454, 2008 WL 1843889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northwest-bypass-group-v-us-army-corps-of-engineers-nhd-2008.