Stengel v. Black

Filing 51

OPINION AND ORDER re: 39 MOTION for Sanctions, filed by Isaac Stengel. To the extent Docket Item 39 can be construed as a motion for sanctions, it is denied as frivolous. Defendant's motion for sanction (Docket Item 30) was granted by Judge M cMahon on October 18, 2011 (Docket Item 33). Thus, defendant's motion for sanctions was meritorious and cannot itself be the basis for a sanctions motion by plaintiff. Accordingly, to the extent Docket Item 39 can be construed as a motion for sanctions it is denied, and the Clerk of the Court is directed to mark the motion closed. (Signed by Magistrate Judge Henry B. Pitman on 9/12/2012) Copies Sent By Chambers. (ja)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-----------------------------------X

ISAAC STENGEL,

Plaintiff,
-against-

10 Civ. 8661 (CM) (HBP)
OPINION
AND ORDER

BRADFORD BLACK,
Defendant.

-----------------------------------x
PITMAN, United States Magistrate Judge:

Although the submission is not entirely clear, in
Docket Item 39, plaintiff appears to be opposing a prior motion
made by defendant for Rule 11 sanctions (Docket Item 30) and
seeking Rule 11 sanctions against defendant because defendant
field a Rule 11 motion.
To the extent Docket Item 39 can be construed as a
motion for sanctions, it is denied as frivolous.

Defendant's

motion for sanction (Docket Item 30) was granted by Judge McMahon
on October 18, 2011 (Docket Item 33).

Thus, defendant's motion

for sanctions was meritorious and cannot itself be the basis for
a sanctions motion by plaintiff.

Accordingly, to the extent Docket Item 39 can be
construed as a motion for sanctions it is denied, and the Clerk
of the Court is directed to mark the motion closed.

Dated:

New York, New York
September 12, 2012
SO ORDERED

HENRY P TMAN
United States Magistrate Judge
Copies transmitted to:
Mr. Isaac Stengel
11 West 47th Street
New York, New York 10036
Zeynel Karcioglu, Esq.
Jacobs & Burleigh LLP
17th Floor
445 Park Avenue
New York, New York 10022
David E. Butz, Esq.
Krugliak, Wilkins, Griffiths
& Dougherty Co., L.P.A.
P.O. Box 36963
4775 Munson Street, N.W.
Canton, Ohio 44718-3612

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