Barnes v. Sea Hawaii Rafting, LLC et al

Filing 888

ORDER DECIDING NO SANCTIONS, re 851 - Signed by JUDGE ALAN C. KAY on 10/21/2021. The Court finds that Attorney Friedheim's specified remarks were not made in bad faith and do not otherwise rise to the leve l of imposing sanctions. Accordingly, no sanctions are imposed.Follows oral order of 10/19/2021 Hearing at ECF 886 (jni)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participant s have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I
CHAD BARRY BARNES,
Plaintiff,
v.
SEA HAWAI`I RAFTING, LLC;
et al.
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Civ. No. 13-00002 ACK-WRP

ORDER DECIDING NO SANCTIONS
On October 6, 2021, Attorney Jay L. Friedheim filed his
Response to Order to Show Cause Why Sanctions Should Not Be
Imposed on Attorney Jay L. Friedheim.

ECF No. 885.

A hearing

was held on October 19, 2021.
In his Response, Attorney Friedheim has acknowledged
that his specified remarks were impudent, insolent, and wrong.
He has apologized and asked for the Court’s forgiveness.
Further, he has expressed remorse for his conduct.
Attorney Friedheim states that he has taken the
following proactive steps to better himself personally and as a
lawyer.
programs.

Among other steps, he has proposed to take CLE ethics
He has implemented a review policy in his office to

eliminate any further inappropriate statements.

The policy

includes a careful review-by someone other than Attorney
Friedheim-of all documents before submitting or filing them.
- 1 -

In

addition, Attorney Friedheim states he is currently working with
an experienced therapist who formerly served on the Disciplinary
Counsel Board panel, on self-improvement and to strengthen his
impulse control and to intentionally tone down his innate
sarcastic tendencies, among other things.

The Court commends

Attorney Friedheim for taking these steps to address his
problems.
The Court finds that Attorney Friedheim’s specified
remarks were not made in bad faith and do not otherwise rise to
the level of imposing sanctions.

Accordingly, no sanctions are

imposed.
IT IS SO ORDERED.
DATED:

Honolulu, Hawai`i, October 21, 2021.

________________________________
Alan C. Kay
Sr. United States District Judge

Barnes v. Sea Hawaii Rafting, LLC, Kris Henry, M/V Tehani, et al., Civ. No.
13-00002 ACK-RLP, Order Deciding No Sanctions.

- 2 -