King v. Whitmer
Defendants'
election
failure
protocol;
to
follow
another
of
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
proper
those
paragraphs relate to when a co-inventor of
certain Dominion-related patents joined
Dominion's predecessor; and the other
court; [and] referring the matter to disciplinary
authorities.”12
Fed.R.Civ.P.
11
Advisory
Committee Notes (1993 Amendment).
12 Plaintiffs maintain that the City's Rule 11
that
motion is procedurally defective because it
Defendants failed to post certain absentee
seeks “both Rule 11 sanctions and . . .
ballot information before certain times on
disbarment of attorneys and their referral to
Election Day. (See ECF No. 6 at Pg ID 934
state bar associations for disciplinary
¶ 166, 952 ¶¶ 221, 224.) Plaintiffs have not
action.” (ECF No. 95 at Pg ID 4114-45.)
availed themselves of Rule 11's allowance
Plaintiffs note that Rule 11 motions “must
for claims that “will likely have evidentiary
be made separately from any other
support after a reasonable opportunity for
motion[.]” (Id. at Pg ID 4145 (citing
further investigation or discovery, ” except
Fed.R.Civ.P. 11(c)(2) (emphasis added by
for arguably in the latter two instances.
Plaintiffs)).)
relates
to
Plaintiffs'
allegation
Plaintiffs'
argument
is
frivolous. The separate-motion requirement
Any sanction imposed pursuant to Rule 11 “must
be limited to what suffices to deter repetition of
the conduct or comparable conduct by others
similarly situated.” Fed.R.Civ.P. 11(c)(4). This is
because “the central purpose of Rule 11 is to deter
baseless filings in district court.” Cooter & Gell v.
Hartmarx Corp., 496 U.S. 384, 393 (1990). Thus,
“[e]ven if the careless litigant quickly dismisses
the action, the harm triggering Rule 11's concerns
has already occurred[, ]” and “the imposition of
such sanctions on abusive litigants is useful to
deter such misconduct.” Id. at 399.
Rule 11 “de-emphasizes monetary sanctions and
discourages direct payouts to the opposing party.”
Rentz v. Dynasty Apparel Indus., Inc., 556 F.3d
389, 395 (6th Cir. 2009) (quoting Ridder, 109 F.3d
at 294 (citing Fed.R.Civ.P. 11 Advisory
Committee Notes (1993 Amendment))). “The
amended rule recognizes, however, that ‘under
unusual circumstances deterrence may be
ineffective unless the sanction not only requires
the person violating the rule to make a monetary
payment, but also directs that some or all of this
payment be made to those injured by the
violation.'” Id. (quoting Fed.R.Civ.P. 11 Advisory
Committee Notes (1993 Amendment)). In
addition, a variety of possible sanctions are
available under Rule 11, including, but not limited
to, “requiring participation in seminars or other
education programs; ordering a fine payable to the
is designed only “to prevent [the sanctions
request] from being tacked onto or buried
in motions on the merits, such as motions
to dismiss or for summary judgment.”
Ridder, 109 F.3d at 294 n.7. The City's
request for referral and disbarment are
merely the sanctions sought for Plaintiffs'
alleged Rule 11 violations. As indicated
above, a “variety of possible sanctions”
may be imposed for a Rule 11 violation,
including those requested by the City.
In the Sixth Circuit, the test for imposing Rule 11
sanctions is “whether the individual's conduct was
objectively reasonable under the circumstances.”
Nieves v. City of Cleveland, 153 Fed.Appx. 349,
352 (6th Cir. 2005) (citing Jackson v. Law Firm of
O'Hara, Ruberg, Osborne & Taylor, 875 F.2d
1224, 1229 (6th Cir. 1989)). To determine
objective reasonableness, the court must ask
“whether the position advanced by a party was
supported by a reasonable inquiry into the
applicable law and relevant facts.” Advo Sys., Inc.
v. Walters, 110 F.R.D. 426, 430 (E.D. Mich. 1986)
(citations omitted). Whether a “reasonable
inquiry” was conducted “is judged by objective
norms of what reasonable attorneys would have
done.” In re Big Rapids Mall Assoc., 98 F.3d 926,
930 (6th Cir. 1996). “Courts must not ‘use the
wisdom of hindsight,' but must instead test what
was reasonable to believe at the time the pleading,
10
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