Shahid v. U.S. Bank N.A. et al
Filing
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that, no later than September 18, 2017, plaintiff shall show cause in writing why the Court should not enter sanctions, which may include monetary fines and/or the dismissal of some or al l of plaintiff's claims against defendant East, against her and/or her attorney for violating Rule 11(b)(3) of the Federal Rules of Civil Procedure by pleading that defendant East called the police and "advised [defendant police officers] t hat Plaintiff was armed or otherwise engaged in the commission of a felony offense," despite being in possession of the 911 and dispatch recordings which refute this allegation. No extensions of time will be granted. However, if plaintiff move s for a dismissal with prejudice of her claims against defendant East and to strike this allegation from the complaint by September 18, 2017, she need not comply with this Memorandum and Order to Show Cause. IT IS FURTHER ORDERED that the February 9, 2017 Order Referring Case to Alternative Dispute Resolution 24 is vacated, and this case is no longer referred to mediation. Signed by District Judge Catherine D. Perry on 9/6/2017. (CBL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHARHONDA SHAHID,
Plaintiff,
vs.
U.S. BANK, N.A., et al.,
Defendants.
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Case No. 4:16 CV 1662 CDP
MEMORANDUM AND ORDER TO SHOW CAUSE
On August 18, 2017, I ordered plaintiff to produce copies of the 911 and
dispatch recordings of the incident at issue in the complaint. I have now reviewed
those tapes. Although plaintiff alleges in her complaint that defendant East called
the police and “advised [defendant police officers] that Plaintiff was armed or
otherwise engaged in the commission of a felony offense,” [Doc. # 7 at 5], the
recordings demonstrate that no such statement was made by East or the dispatcher.
This allegation has not been retracted despite ample opportunity to do so.
It appears that plaintiff (who is an attorney) and/or her attorney Rufus J.
Tate, Jr. have made a factual contention which is refuted by evidence in their
possession. Rule 11(b)(3) of the Federal Rules of Civil Procedure states that, by
presenting an allegation in the pleading, “an attorney . . . certifies that to the best
of the person’s knowledge, information, and belief, formed after an inquiry
reasonable under the circumstances . . . the factual contentions have evidentiary
support or, if specifically so identified, will likely have evidentiary support after a
reasonable opportunity for further investigation or discovery . . . .”
It appears that
plaintiff and/or her counsel may have violated this Rule by making and/or refusing
to withdraw an allegation that appears to have no evidentiary support. The Court is
considering imposition of sanctions for this allegation under Fed. R. Civ. P.
11(c)(3), which may include monetary fines against plaintiff and/or her attorney
and/or the dismissal of plaintiff’s claims against defendant East. I will provide
plaintiff and her counsel with an opportunity to show cause why no sanctions
should issue. See Fed. R. Civ. P. 11(c)(1). However, if plaintiff chooses to
dismiss her claims against defendant East with prejudice prior to September 18,
2017, and moves to strike this allegation from the complaint, she need not comply
with this Memorandum and Order; otherwise she must comply with the Order by
that same date.
Finally, given plaintiff’s failure to timely comply with my February 9, 2017
Order Referring Case to Alternative Dispute Resolution, despite repeated
reminders by the Clerk of Court, I will vacate the mediation referral as it is
apparent that no mediation will take place within the time limits set by the Court.
Accordingly,
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IT IS HEREBY ORDERED that, no later than September 18, 2017,
plaintiff shall show cause in writing why the Court should not enter sanctions,
which may include monetary fines and/or the dismissal of some or all of plaintiff’s
claims against defendant East, against her and/or her attorney for violating Rule
11(b)(3) of the Federal Rules of Civil Procedure by pleading that defendant East
called the police and “advised [defendant police officers] that Plaintiff was armed
or otherwise engaged in the commission of a felony offense,” despite being in
possession of the 911 and dispatch recordings which refute this allegation. No
extensions of time will be granted. However, if plaintiff moves for a dismissal
with prejudice of her claims against defendant East and to strike this allegation
from the complaint by September 18, 2017, she need not comply with this
Memorandum and Order to Show Cause.
IT IS FURTHER ORDERED that the February 9, 2017 Order Referring
Case to Alternative Dispute Resolution [24] is vacated, and this case is no longer
referred to mediation.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 6th day of September, 2017.
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