The Estate of Larry Shaw et al v. Marcus et al

Filing 503

OPINION AND ORDER: The Court has carefully reviewed the Shaw Family's statement and finds its request to be overbroad. Moreover, while sanctions against Mr. Adams remain in order, the Court is persuaded that it should temper the amount imposed in light of the new and material evidence presented regarding Mr. Adams' ill health and financial hardship. Accordingly, concerning the Shaw Family's Omnibus Sanctions Motion, the Court awards sanctions against Mr. Adams in the amount of $3,000.00. See Bowler, 901 F. Supp. at 606 (granting sanctions in the amount of $2,500 due to attorney's "outrageous course of conduct," despite the moving party's substantially higher requested amount). The Court f inds that this amount is sufficient to deter repetition of the delinquent conduct by Mr. Adams and other similarly situated individuals. See Kirschner v. Zoning Bd of Appeals of Inc. Viii. of Valley Stream, 159 F.R.D. 391, 399 (E.D.N.Y. 1995) (fin ding that because "the primary principle the Court must keep in mind is that the sanctions should not be more severe than reasonably necessary to deter repetition of the conduct by the offending person," it was appropriate to reduce sanct ions from $12,000 to $2,500). Separately, pursuant to the Court's finding in Shaw I regarding the Sanctions Motion, Plaintiff Susan Shaw is ordered to pay the Shaw Family $689.95, which constitutes seventy percent of the costs incurred in conducting the restoration and search of her computer. The Clerk of Court is requested to mail a copy of this Opinion and Order to Joseph H. Adams at 76 Burd Street, Nyack, New York 10960. (As further set forth in this Order.) (Signed by Magistrate Judge Judith C. McCarthy on 9/28/2017) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(cf)