Gordon v. Impulse Marketing Group Inc

Filing 498

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SANCTIONS re 425 Motion. Plaintiff's counsel shall pay sanctions in the amount of $1,500 to Defendant's counsel. Plaintiff's unauthorized Second Amended Complaint 410 is STRICKEN. Plaintiff may now file an amended pleading amending Section 4.3 of the First Amended Complaint. Signed by Judge Fred Van Sickle. (SAP, Case Administrator)

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Gordon v. Impulse Marketing Group Inc Doc. 498 Case 2:04-cv-05125-FVS Document 498 Filed 06/15/2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JAMES S. GORDON, JR., No. CV-04-5125-FVS Plaintiff, v. IMPULSE MARKETING GROUP, INC., Defendant. ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SANCTIONS THIS MATTER came before the Court for a hearing on the Defendant's Motion for Sanctions Pursuant to Fed. R. Civ. P. 11, Ct. Rec. 425. The Plaintiff is represented by Robert J. Siegal. The Defendant is represented by Floyd E. Ivey, Peter J. Glantz, and Sean A. Moynihan. In view of the failure of Plaintiff's counsel to comply with Federal Rule of Civil Procedure 15(a), the Court finds the imposition of sanctions appropriate. Counsel for both parties are expected to comport themselves in a professional and civil manner in conducting this litigation. IT IS HEREBY ORDERED: 1. The Defendant's Motion for Sanctions Pursuant to Fed. R. Civ. P. 11, Ct. Rec. 425, is GRANTED IN PART and DENIED IN PART. 2. Sanctions are imposed on Plaintiff's counsel for failure to comply with the Federal Rules of Civil Procedure. Plaintiff's counsel The Court being fully advised, ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SANCTIONS1 Dockets.Justia.com Case 2:04-cv-05125-FVS Document 498 Filed 06/15/2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shall pay sanctions in the amount of one thousand five hundred dollars ($1,500) to Defendant's counsel. 3. The Plaintiff's unauthorized Second Amended Complaint, Ct. Rec. 410, is STRICKEN. 4. As provided in the Court's Order Granting in Part and Denying in Part Motion to Amend, Ct. Rec. 481, the Plaintiff may now file an amended pleading amending Section 4.3 of the First Amended Complaint to allege damages under the Prize Statute. IT IS SO ORDERED. The District Court Executive is hereby directed to enter this order and furnish copies to counsel. DATED this 15th day of June, 2007. s/ Fred Van Sickle Fred Van Sickle United States District Judge ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SANCTIONS2

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