Enos v. Union Stone, Inc

Filing 54

MEMORANDUM AND ORDER denying 44 Motion for Rule 11 Sanctions. So Ordered by Chief Judge Mary M. Lisi on 9/5/2012. (Duhamel, John)

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UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND PAUL ENOS, CHAIRMAN OF THE RHODE ISLAND BRICKLAYERS BENEFIT FUNDS v. CA 11-098 ML UNION STONE, INC. MEMORANDUM AND ORDER Before the Court is the Defendant’s Motion for Rule 11 Sanctions. This Court is familiar with the travel and procedural history of this case, having conducted at least one conference and presided over an aborted bench trial prior to the events described in Defendant’s Motion. The Court is also aware of the fact that Magistrate Judge Almond has spent considerable time with the parties in an effort to bring this matter to a full and fair resolution. Having now presided over the continuation of the aborted bench trial and having now rendered a decision as to Plaintiff’s claims, the Court is fully informed as to the miscommunication between counsel that now forms the basis of Defendant’s illconceived Motion for Rule 11 Sanctions. The Court’s view of these events is consistent with the description contained in Plaintiff’s opposition to the Motion for Rule 11 Sanction. Defendant’s Motion for Rule 11 Sanctions is DENIED. SO ORDERED: /s/ Mary M. Lisi Mary M. Lisi Chief United States District Judge September 5, 2012

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