Southern v. Asbestos Processing LLC et al

Filing 383

ORDER denying 379 MOTION for Sanctions Pursuant to Rule 11 and directing Defendants to file an amended Declaration of Penny Bentley to clarify that Ms. Bentley has personal knowledge only as to the practices of certain Defendants for the period starting after February 2009. Signed by Honorable Joseph F. Anderson, Jr. on 11/25/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Odell Parker; Ruth Parker; Larry Southern; Roy
Southern; Yvonne Harris; and Barbara
Patterson, individually and on behalf of others
similarly situated in the State of South Carolina,

Civil Action No. 0:11-cv-1800-JFA

Plaintiffs,
vs.
Asbestos Processing, LLC; Richard H. Bishoff,
PC; Richard H. Bishoff; John M. Deakle; A.
Joel Bentley; A. Joel Bentley Law Office;
William R. Couch; Couch Law Firm; David O.
McCormick; Cumbest, Cumbest, Hunter &
McCormick; Crymes G. Pittman; Pittman,
Germany, Roberts & Welsh, LLP; John Michael
Simms; and Lawyer John Doe and Jane Doe,

ORDER

Defendants.
This matter comes before the court on Plaintiffs’ Motion for Sanctions Pursuant to Rule
11. Specifically, the Plaintiffs seek to have the court find that Defendants violated Rule 11 of the
Federal Rules of Civil Procedure by submitting and filing alleged false and misleading sworn
statements found in the Declaration of Penny Bentley, [ECF No. 337-16].

Further, as an

appropriate sanction, the Plaintiffs request that the court strike Defendants Response in
Opposition to the Plaintiffs’ Motion for Certification of Common Issues, [ECF No. 294].
The court respectfully declines to impose sanctions. However, the court hereby orders
Defendants to file an amended Declaration of Penny Bentley to clarify that Ms. Bentley has
personal knowledge only as to the practices of certain Defendants for the period starting after
February 2009.

Accordingly, the court hereby DENIES Plaintiffs’ Motion for Sanctions

Pursuant to Rule 11.

IT IS SO ORDERED.

November 25, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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