Smith v. Sumner et al

Filing 68

MEMORANDUM AND ORDER re: 65 MOTION for Sanctions filed by Plaintiff Jessica Smith motion is DENIED. Signed by District Judge Rodney W. Sippel on 11/20/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
JESSICA SMITH,
Plaintiff,
vs.
JIM SUMNER,
Defendant.

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Case No. 2:11CV39 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion for sanctions. Plaintiff asks this Court to
sanction defendant by striking his motion for summary judgment because the notary public forgot
to enter the date when she notarized defendant’s interrogatory responses. Plaintiff seeks this
sanction under Fed. R. Civ. P. 26(g), which is not even applicable. Moreover, the very
suggestion that this Court would impose such a harsh sanction for this type of omission by the
notary public is ludicrous. The motion will be denied. Both attorneys in this case are behaving
unprofessionally -- plaintiff’s counsel, by frivolous motions (the instant motion is but the latest
example), and defense counsel, by interposing frivolous objections to discovery requests
(defendant’s belated “explanation” of his responses does not alter my previous conclusion about
the inadequacy of his objections). I refuse to let the merits of this action get obscured by the
contumacious conduct of counsel. The parties and the public deserve better, and this Court
demands better.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motion for sanctions [#65] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 20th day of November, 2012.

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