King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
motion, or other paper was submitted.” Gibson v.
Solideal USA, Inc., 489 Fed.Appx. 24, 29-30 (6th
Cir. 2012) (quoting Merritt v. Int'l Ass'n of
Machinists and Aerospace Workers, 613 F.3d 609,
626 (6th Cir. 2020)).
that non-signing attorneys cannot be sanctioned
were decided before the 1993 amendments to Rule
11. (See ECF No. 95 at Pg ID 4116-17.)
13 Junttila, however, did sign and docket
subsequently filed motions, briefs, or other
This objective standard is “intended to eliminate
any ‘empty-head pure-heart' justification for
patently frivolous arguments.” Fed.R.Civ.P. 11
Advisory Committee Notes (1993 Amendment);
Tahfs v. Proctor, 316 F.3d 584, 594 (6th Cir. 2003)
(“A good faith belief in the merits of a case is
insufficient to avoid sanctions.”).
papers
1. Signatures
it”) (emphasis added).
Plaintiffs' lawyers argue that no attorney can be
sanctioned whose name appeared only in
typewritten form; that no attorney besides
Plaintiffs' local counsel has appeared or signed a
document filed in this matter; and that the Court
lacks jurisdiction to sanction any attorney who did
not personally appear or sign a document filed in
this matter. (ECF No. 95 at Pg ID 4116-18.) Yet,
the local attorneys assert that, although they
signed the filings, they did not prepare them and
thus should not be responsible for them. (See ECF
No. 157 at Pg ID 5322-24, 5359, 5523; ECF No.
111-1 at Pg ID 4597 ¶¶ 2, 4, 6, 7, 9, 15.) As such,
no attorney wants to take responsibility now that
sanctions are sought for filing this lawsuit.
In this age of electronic filing, it is frivolous to
argue that an electronic signature on a pleading or
motion is insufficient to subject the attorney to the
court's jurisdiction if the attorney violates the
jurisdiction's rules of professional conduct or a
federal rule or statute establishing the standards of
practice. As set forth earlier, Sidney Powell, Scott
Hagerstrom, and Gregory Rohl electronically
signed-at
least-the
Complaint,
Amended
Complaint, and Motion for Injunctive Relief. The
remaining attorneys, except Junttila, were listed as
“Of Counsel” on one or more of the pleadings.13
The cases Plaintiffs cite to support their argument
in
which
she
and
Plaintiffs'
remaining attorneys advocated the claims
asserted in their pleadings. (See, e.g., ECF
No. 85 at Pg ID 3896-3906); see also Fed.
R. Civ. P. 11(b) (indicating that counsel
“present[s] to the court a pleading, written
motion, or other paper” by, inter alia,
“signing, ” “filing, ” or “later advocating
For purposes of Rule 11, an attorney who is
knowingly listed as counsel on a pleading, written
motion, or other paper “expressly authorize[d] the
signing, filing, submitting or later advocating of
the offending paper” and “shares responsibility
with the signer, filer, submitter, or advocate.”14
Morris v. Wachovia Sec., Inc., No. 3:02cv797,
2007 WL 2126344, at *9 (E.D. Va. 2007)
(emphasis removed) (quoting Gregory P. Joseph,
Sanctions the Fed. Law of Litig. Abuse, § 5(E)(1)
at 110 (3d ed. 2000)). “The Court need not go
through ‘mental gymnastics,' as pre-1993 courts
sometimes felt compelled to do, see Sanctions, §
5(E)(1) at 109, in order [to] hold [the attorney] to
account under Rule 11.” Id.
14 At the July 12 hearing, Wood asserted for
the first time that he was oblivious to his
inclusion as counsel for Plaintiffs in this
case. The Court will address this assertion
separately.
Notably, because Rule 11 only requires a signature
by “at least one attorney, ” Fed.R.Civ.P. 11(a),
documents are frequently presented to federal
courts which list several attorneys as counsel but
contain the signature of only one. Regardless, as
amended in 1993, Rule 11 allows for sanctions
“on any attorney . . . that violated the rule or is
responsible for the violation.” Fed.R.Civ.P. 11(c)
(1) (emphasis added). Moreover, Michigan Rule
of Professional Conduct 8.5(a) reads: “A lawyer
11
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