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)

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

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