Hernandez v. Osram Sylvania, Inc.

Filing 14

ORDER denying 12 Motion for Sanctions as outlined. So Ordered by Judge Joseph N. Laplante. (dae)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIR E

William Hernandez V. Osram Sylvania, Incorporated Civil No . 08-cv-280-J L

ORDE R Re : Document No . 12, Motion for Sanction s

Ruling : Denied . The motion borders on the outrageous . The court recalls the plaintiff from the Preliminary Pretrial Conference . Given that English is the plaintiff's second language and taking into consideration his lack of familiarity with litigation procedure, as well as the fact that he appeared in court on the day in question, his explanation - even as represented in the defendant's motion - seems both plausible and understandable, if unfortunate . While the frustration of the defendant and counsel is certainly understandable, the motion does not exhibit the "traits of civility, courtesy, and perspective" (citation presumably unnecessary) normally exhibited by both senior counsel of record, with whom the court is familiar by both experience and reputation . Thus, the court presumes, hopefully correctly, that the request for costs and fees was demanded by Attorney Vient, who is not a member of the New Hampshire bar . Denied .

Joseph N . Laplante U .S . District Judg e

Date : May 21, 200 9
cc : William Hernandez, pro se Jennifer Parent, Esq . Charla Stevens, Esq .

Neil Nicholson, Esq .