Campbell v. Reliance Health Care Inc et al

Filing 63

ORDER denying 58 Motion for Sanctions. Signed by Judge D. P. Marshall Jr. on 9/12/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CARROLYN CAMPBELL; AMANDA HODGES; CRYSTAL WALTERS; and HEATHER CROW, all individually and on behalf of others similarly situated v. PLAINTIFF Case No. 4:12-cv-176-DPM RELIANCE HEALTH CARE, INC.; NORTHWEST HEALTH & REHAB, INC. d/b/a North Hills Life Care & Rehab; OCNC, INC. d/b/a Silver Oaks Health & Rehabilitation; SCNC, INC. d/b/a Spring Creek Health & Rehab; and BRANDON ADAMS & BRYAN ADAMS, both individually and his capacity as owner, manager, officer and/or incorporator of Reliance Health Care, Inc. and Northwest Health & Rehab, Inc. DEFENDANTS ORDER The motion for sanctions, Document No. 58, is denied. Considering all the material circumstances, the Court concludes that plantiffs’ counsels’ acts and omissions, badly mistaken though they were, do not rise to the level of recklessness and vexatiousness required to satisfy the statute. 28 U.S.C. § 1927; compare Clark v. UPS, Inc., 460 F.3d 1004, 1010-11 (8th Cir. 2006). The Court also declines to invoke its inherent authority to sanction in the circumstances presented. So Ordered. ________________________ D.P. Marshall Jr. United States District Judge 12 September 2012 -2-

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