Steeger v. JMS Cleaning Services LLC
||JMS Cleaning Services LLC
||October 18, 2017
||US District Court for the Southern District of New York
||Foley Square Office
||Denise L. Cote
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|March 15, 2018
OPINION AND ORDER: An Opinion and Order of February 28 imposed $10,000 in sanctions on Richard Liebowitz and his law firm pursuant to Rule 11, Fed. R. Civ. P., and this Courts inherent power, payable to the Clerk of Court. Steeger v. JMS Cleani ng Servs. LLC, No. 17cv8013(DLC), 2018 WL 1136113 (S.D.N.Y. Feb. 28, 2018). On March 9, the plaintiff moved for reconsideration and an order vacating the February 28 Order. The motion is granted in part.....Taking this motion for reconsideration as an opportunity to craft sanctions that will more directly address the deficiencies in performance described above and deter their repetition, the sanctions are modified as follows. The monetary sanctions imposed on February 28 are reduced to $ 2,000 and are imposed solely under the Courts inherent powers. The Court also imposes an educational sanction under both its inherent powers and Rule 11, Fed. R. Civ. P. Mr. Liebowitz must complete by July 31, 2018 four CLE credit hours in ethics and professionalism in addition to the amount required biennially by the New York State bar authorities. (Signed by Judge Denise L. Cote on 3/14/2018) (gr)
|February 28, 2018
MEMORANDUM OPINION AND ORDER....Mr. Liebowitzs failure to serve the Notice of Pretrial Conference, his material omissions in his January 13 letter, and his needless infliction of costs on the defendant are each independently sufficient to justify san ctions imposed pursuant to Rule 11 and the Courts inherent power. Taken together, Mr. Liebowitzs actions throughout the course of this litigation compel the Court to impose sanctions. Accordingly, it is hereby ORDERED that, pursuant to this Courts inherent authority, and having weighed the factors listed in the Advisory Committee Notes to the 1993 Amendment to Rule 11, sanctions shall be imposed on Richard Liebowitz in the amount of $10,000. Mr. Liebowitz and Liebowitz Law Firm, PLLC are jointly and severally liable for the $10,000 sanction. IT IS FURTHER ORDERED that by, Friday, March 9, the $10,000 sanction shall be paid to the Clerk of Court, U.S. District Court, Southern District of New York. (Signed by Judge Denise L. Cote on 2/28/2018) (gr)
|January 26, 2018
MEMORANDUM OPINION AND ORDER.....ORDERED that plaintiffs request to administratively dismiss the case is denied. A status letter regarding this action is due February 25, 2018. IT IS FURTHER ORDERED that, by Friday February 2, 2018, Richard P. Liebo wtiz shall show cause why he should not be sanctioned pursuant to Rule 11, Fed. R. Civ. P., and this Courts inherent power for the following:1)failure to serve the November 9, 2017 Notice of Pretrial Conference;2)the misrepresentations and omissions in his January 13, 2018 letter; and3)costs needlessly imposed on the defendant. (Signed by Judge Denise L. Cote on 1/26/2018) (gr)
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