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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)	v.
)
[defName]	)
Defendant	)

PLAINTIFF’S MOTION FOR SANCTIONS

Plaintiff, [plfName], on this [D] day of [MMM] [YYYY], respectfully asks this Honorable Court to levy sanctions against Defendant, [defName], pursuant to Rule 11 Fed. R. Civ. P..

Key Points:

Points	demonstrable lie of material fact

Grounds	extrinsic fraud, bad faith

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	9th Page
Exhibits	10th Page
Transcripts	14th Page
Affidavits	18th Page

Background:	Defendant knowingly made a false statement of material fact

Problem:	Defendant’s actions have ushered a fraud upon this Court

Request:	Court sanctions Defendant for defiling the judiciary

Rule 11(c)(1) | Fed. R. Civ. P. | Sanctions | (highlights added)

“If... the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule...”

Rule 37(b)(2)(A) | Fed. R. Civ. P. | Sanctions... | (highlights added)

“the court where the action is pending may issue further just orders [which may include]:

(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;

(iii) striking pleadings in whole or in part;

(vi) rendering a default judgment against the disobedient party;”

Local Rule 2.01(e) | USFLMD | Conduct

“(e) CONDUCT. A lawyer appearing in the Middle District must remain familiar with, and is bound by, the rules governing the professional conduct of a member of The Florida Bar.”

Rule 3-4.3 | Rules Regulating the Florida Bar | Misconduct

“The commission by a lawyer of any act that is unlawful or contrary to honesty and justice may constitute a cause for discipline”

Precedence

5:20-cv-00227-JSM-PRL	- USFLMD (4/21/21)

2:19-cv-00248-JLB-MRM	- USFLMD (1/19/21)

8:19-cv-01962-SDM-AEP	- USFLMD (1/14/21)

8:20-cv-00309-CEH-AAS	- USFLMD (12/17/20)

2:18-mc-00019-JES-NPM	- USFLMD (12/4/20)

6:14-cv-01539-ACC-EJK	- USFLMD (11/9/20)

6:19-cv-01252-GAP-DCI	- USFLMD (10/29/20)

5:19-cv-00591-JSM-PRL	- USFLMD (10/8/20)

USFLMD recently granted motions for sanctions

Abbreviations

FCHR	-	Florida Commission on Human Relations
USFLMD	-	US District Court, Florida, Middle District
USFLSD	-	US District Court, Florida, Southern District

MOTION

Immediate Pertinent History

[para001].

[para002].

[para003].

Analysis

[para004].

“[quote001]”

[spkr001] | [quoteDt001]

[para005].

“[quote002]”

[spkr002] | [quoteDt002]

[para006].

[para007].

[para008].

Argument in Support of Sanctions

Sanctions of this nature fall under Rule 11(b)-(c) Fed. R. Civ. P. which states that court filings must not:

be “presented for any improper purpose [such as to unnecessarily expend resources]”;

erect defenses on “frivolous argument”; or

make factual contentions without “evidentiary support”.

Rule 11(c) Fed. R. Civ. P. goes on to say that motions for sanctions “must be made separately” and must specify the opponent’s violations. Plaintiff has hereby satisfied the first element by requesting this relief separate from That Motion. Thus, [he/she] will meet the second requirement via case law on Defendant’s bad faith extrinsic fraud.

The 11th Circuit Court of Appeals established that fraud upon the court is sanctionable (highlights added):

“Courts have the inherent authority to control the proceedings before them, which includes the authority to impose "reasonable and appropriate" sanctions. See Malautea v. Suzuki Motor Co., Ltd., 987 F.2d 1536, 1545 (11th Cir. 1993). A court also has the power to conduct an independent investigation to determine whether it has been the victim of fraud.”

Martin v. Automobili 307 F.3d 1332 (11th Cir. 2002).

Extrinsic Fraud is defined as:

“fraud that prevents a party...from having a fair opportunity to present or litigate [his rights] at a trial.”

Barron’s Dictionary of Legal Terms, 5th Edition

[para009].

[para010].

In Martin, USFLSD found the transgressor to have perpetrated a fraud upon the court because he lied about possessing the property which he claimed was a lemon1/. Here – in the instant case – Defendant is lying about [not] being charged with sex discrimination. In fact, its arguments of res judicata are based on this lie. Thus, case law dictates that Defendant has perpetrated a fraud upon this court.

Furthermore, In Re Mroz, 65 F.3d 1567 (11th Cir. 1995), the 11th Circuit held that a court must find that the transgressor’s actions were made in bad faith:

“a court’s inherent power [to sanction] requires a finding of bad faith."

In Re Mroz, 65 F.3d 1567, 1575 (11th Cir. 1995)

The appellate court goes on to detail that the determination of bad faith is founded on dishonesty (highlights added):

“The text of Rule 11 permits sanctions only if the objectionable court paper is "signed in violation of this rule." Id. at 1507. Accordingly, the court's inquiry focuses only on the merits of the pleading gleaned from facts and law known or available to the attorney at the time of filing."

Jones v International, 49 F.3d 692, 694 (11th Cir. 1995)

The 11th Circuit further directs district courts to focus sanction reviews on the transgressor’s dishonest conscience:

“The court is expected to avoid using the wisdom of hindsight and should test the signer's conduct by inquiring what was reasonable to believe at the time the pleading, motion, or other paper was submitted."

Souran v Travelers, 982 F.2d 1497 (11th Cir. 1993)

Plus, the textbook definition of bad faith continues to harp on dishonesty (highlights added):

“breach of faith; willful failure to respond to plain, well-understood statutory or contractual obligations; dishonesty in fact in the conduct or transaction concerned.”

Barron’s Dictionary of Legal Terms, 5th Edition

[para011].

So, given Defendant’s continued lack of self-correction, this tribunal should punish Defendant with appropriate sanctions.

Appropriate Sanctions | Nature of Relief Sought

Rule 37(b)(2)(A) Fed. R. Civ. P. outlines several types of sanctions that a district court can impose on a transgressor. Plaintiff proffers (ii) and (iii) to be the most appropriate; and believes that (vi) should be applied only if a hearing to show cause reveals Defendant’s continued defiance/dishonesty.

Plaintiff hereby asks this Honorable Court to prohibit Defendant from arguing [defendantsAffirmativeDefense]. Its own submitted documentation has proven the argument to be based on a massive lie.

Rule 37(b)(2)(A)(ii) Fed. R. Civ. P. authorizes this remedy.

“sanctions are warranted when the [transgressor] exhibits a deliberate indifference to obvious facts”

Baker v. Alderman, 158 F.3d 516 (11th Cir. 1998)

Plaintiff also asks this Honorable Court to strike Defendant’s motion to dismiss (Doc No [XX]; [dtDocXX]).

Rule 37(b)(2)(A)(iii) Fed. R. Civ. P. authorizes this remedy.

Lastly, Plaintiff asks this Honorable Court to conduct a show-cause hearing to allow Defendant to (a) answer for its lie; and (b) explain why default judgment should not be entered against it.

Rule 37(b)(2)(A)(vi) Fed. R. Civ. P. authorizes this remedy.

“the decision to enter a default judgment ought to be the last resort — ordered only if non-compliance is due to willful or bad faith disregard of court orders.”

Coors v. M.A.R. and the Klan, 777 F.2d 1538, (11th Cir. 1985)

CONFERRAL

Given the nature of this request, Plaintiff has communicated with Defendant several times. The first communications were emails, and the most recent were phone call[s] & follow-up emails.2/

During that call, Defendant refused to (a) acknowledge its lie; or even (b) answer direct questions (please see Transcript A). Soon thereafter, Defendant decided to stand in opposition to this motion.

Pursuant to Local Rule 3.01(g)(3) (Duty to Confer in Good Faith) and Rule 11(c)(2) Fed. R. Civ. P. (21 days to self-correct), Plaintiff has no other option but to ask for relief from Defendant’s lawlessness.

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Honorable Court to levy sanctions against Defendant for [his/her/its] violation of Rule 11(b) Fed. R. Civ. P..

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Local Rule 1.05(a).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. I also emailed it to the attached service list.

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/Sanctions-11b.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

EXHIBIT A

EXHIBIT B

Plaintiff’s Good Faith Efforts to Allow Defendant to Correct Conduct

Emails

[DX]/[MX]/[YYYX] – [D]/[M]/[YYYY]

Between: Plaintiff, Defendant, Defendant’s Attorney

TRANSCRIPT A

Plaintiff’s Good Faith Efforts to Allow Defendant to Correct Conduct

Phone Call

Written Recitation

[D]/[M]/[YYYY]

[tmCall]

Between: Plaintiff, Defendant

Source: Plaintiff’s contemporaneous notes during conversation

Caller:	[###.###.####] | Defendant’s Attorney ([attNm])

Recipient:	[###.###.###A] | Plaintiff ([plfNm])

Date:	[M]/[D]/[YYYY]

Time:	[tmCall]

Subject:	Conferral Phone Call | Plaintiff’s Motion for Sanctions

Legend:	“P:” = Plaintiff | “D:” = Defendant

Note:	“***” means that the transcriber could not decipher for sure

{phone ringing}

#	Spkr	Speech
01	P:
02	D:
03	P:
04	D:
05	P:
06	D:
07	P:
08	D:
09	P:
10	D:
11	P:
12	D:
13	P:
14	D:
15	P:
16	D:

...

#	Spkr	Speech
17	P:
18	D:
19	P:
20	D:
21	P:
22	D:
23	P:
24	D:
25	P:
26	D:
27	P:
28	D:
29	P:
30	D:
31	P:
32	D:
33	P:
34	D:
35	P:
36	D:
37	P:
38	D:
39	P:
40	D:

{...call ended | ≈ 10:45 AM EST...}

Verification Under Oath Pursuant to 28 USC §1746

I am the plaintiff in this case, and I was present for the phone call in which these quotes came from. I drafted this recitation and asked the defendant if it wanted to review it. [defendantsResponse]. My recitation was based on my notes, and largely came from a script that I prepared beforehand. I would love an opportunity to have a quick hearing in which a full conversation can be recorded and/or transcribed.

Nevertheless, I declare under penalty of perjury that the foregoing is a true and correct recitation of the phone call I had with Allstate’s attorney; and is based on my script and contemporaneous notes. Executed on this [D]th day of [MMM] [YYYY].

UNITED STATES OF AMERICA	[M]/[D]/[YYYY]
[plfNm], Plaintiff/Transcriber

PLAINTIFF’S AFFIDAVIT

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)	v.
)
[defName]	)
Defendant	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR SANCTIONS

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a plaintiff in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Local Rules of Court, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and the Middle District’s Discovery Handbook.

The information in this affidavit is based on my own personal knowledge.

Facts

[pertinentFact001].

[pertinentFact002].

[pertinentFact003].

[pertinentFact004].

[pertinentFact005].

Verification Under Oath Pursuant to 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [D]th day of [MMM] [YYYY].

UNITED STATES OF AMERICA	[D]/[M]/[YYYY]
[plfName], Plaintiff/Affiant

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