Jewell v. Santander Consumer Inc. USA

Filing 40

MEMORANDUM AND OPINION by Judge John G. Heyburn, II on 3/20/14; IT IS HEREBY ORDERED that Defendants motion for sanctions is DENIED. IT IS FURTHER ORDERED that Plaintiffs claims are DISMISSED WITH PREJUDICE.This is a final order.cc:counsel (TG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:13-CV-308-H
RACHEL JEWELL

PLAINTIFF

V.
SANTANDER CONSUMER INC., USA

DEFENDANT

MEMORANDUM OPINION AND ORDER
Plaintiff has moved to dismiss her claim with prejudice. Defendant has objected on the
grounds that it has a pending valid Rule 11 motion. The Court has been involved in the events
leading to this conclusion, has reviewed all pending motions, and held a conference with the
parties.
This is a close call because the nature of Plaintiff’s evidence was highly unusual and,
ultimately, suspect. Defendant did everything which could have been required. After new
counsel became involved for Plaintiff, that counsel responded to the Court’s assertion that the
evidence was suspect. These are circumstances in which Defendant may deserve better than a
mere dismissal. However, it has not proven entitlement to Rule 11 sanctions.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Defendant’s motion for sanctions is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s claims are DISMISSED WITH
PREJUDICE.
This is a final order.

March 20, 2014

cc:

Counsel of Record