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  • Judge Brown Sanctions Order 2

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    southfllawyers
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    INSURANCE COMPANY of NORTH AMERICA filed an emergency motion for Protective Order. The motion sought an evidentiary hearing, a delay in discovery, and sanctions under FRCP 11. INA's response is most telling; it alleges that plaintiffs had at least some if not all of this information before filing the motion. This matter has largely become moot, but to the extent it was not completely ruled upon, it is hereby ordered and ADJUDG

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    INSURANCE COMPANY of NORTH AMERICA filed an emergency motion for Protective Order. The motion sought an evidentiary hearing, a delay in discovery, and sanctions under FRCP 11. INA's response is most telling; it alleges that plaintiffs had at least some if not all of this information before filing the motion. This matter has largely become moot, but to the extent it was not completely ruled upon, it is hereby ordered and ADJUDG

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    224 vizualizări2 pagini

    Judge Brown Sanctions Order 2

    Încărcat de

    southfllawyers
    INSURANCE COMPANY of NORTH AMERICA filed an emergency motion for Protective Order. The motion sought an evidentiary hearing, a delay in discovery, and sanctions under FRCP 11. INA's response is most telling; it alleges that plaintiffs had at least some if not all of this information before filing the motion. This matter has largely become moot, but to the extent it was not completely ruled upon, it is hereby ordered and ADJUDG

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 2

    Case 4:08-cv-10084-STB Document 667 Entered on FLSD Docket 04/21/2010 Page 1 of 2

    08-1 0084.022
    UNITED STATES DISTRICT COURT FOR THE
    SOUTHERN DISTRICT OF FLORIDA
    Miami Division

    Case Number: 08-10084-CIV-BROWN

    PETER HALMOS, INTERNATIONAL


    YACHTING CHARTERS, INC., and HIGH
    PLAINS CAPITAL,

    Plaintiffs,

    VS.

    INSURANCE COMPANY OF NORTH


    AMERICA and STRICKLAND MARINE
    INSURANCE, INC., (f/k/a STRICKLAND
    MARINE AGENCY, INC.),

    Defendants.

    ORDER RE: EX-PARTE EMERGENCY MOTION FOR PROTECTIVE ORDER

    This matter came before this Court on Plaintiffs' Ex Parte Emergency Motion for Protective
    Order (D.E. 386), filed November 6, 2009. The motion sets forth serious allegations and
    accusations, and seeks significant relief. This motion resulted in numerous other filings and at least
    one emergency hearing. Responses were filed along with hundreds of pages of exhibits, including
    declarations and depositions transcripts. No reply was ever filed.
    The motion, made without any evidence nor supporting documentation, sought an evidentiary
    hearing, and a delay in discovery. While the motion suggests that documentation could be provided
    if ordered in camera, in the face of substantial evidence contradicting said motion, none was ever
    provided.
    The response of INA is most telling. It not only attaches the exhibits noted, supra, but alleges
    that plaintiffs had at least some if not all of this information before filing the motion ... allegations
    never refbted in a reply. It further seeks sanctions under FRCP 11, and plaintiffs never respond to
    Case 4:08-cv-10084-STB Document 667 Entered on FLSD Docket 04/21/2010 Page 2 of 2

    same.
    The motion has largely become moot at this time, but to the extent it was not completely
    ruled upon, and the Court being otherwise fully advised in the premises, it is hereby ORDERED
    AND ADJUDGED as follows:
    1. The relief sought in said motion, with the exception of the sealing of same, is DENIED.

    1 2. Plaintiffs shall have through and including Friday, April 30,2010 to show good cause,
    in writing, why substantial sanctions should not be imposed under FRCP 11 for the filing of this
    motion, and further why the Court should not, sua sponte, award said sanctions under either the
    inherent power of the court or 18 U.S.C 9 1927 for vexatiously and unreasonably multiplying the
    I proceedings herein. Said filing shall be limited to a maximum of eight (8) pages.
    DONE AND ORDERED in Chambers at Miami, Fkrida, this 2 1st day of April, 20 10.

    cc: Counsel of record

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