Stephen L. LaFrance Holdings, Inc. v. Sorensen
Stephen L. LaFrance Holdings, Inc. v. Sorensen
Opinion of the Court
ORDER
Pending is the Government’s Motion for an Indicative Ruling on Relief from Judgment Under Federal Rule 60(b) and Rule 62.1 (Doc. No. 91). Defendants Garret Sorensen and Katherine Sorensen have responded.
A December 13, 2011 Order found that the Government wrongfully removed this case directly into a pending criminal case in an attempt to thwart legitimate state-court civil discovery, and remanded this case to the Circuit Court of Pulaski County, Arkansas.
The Government’s Motion asks for a ruling under Federal Rule of Civil Procedure 62.1 indicating that I would grant relief under Rule 60(b). Rule 62.1 allows a district court to grant, deny, or defer considering a motion for relief which alleges that the district court lacks jurisdiction, because the issue is on appeal.
On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons ... (5) applying [the judgment] prospectively is no longer equitable; or (6) any other reason that justifies relief.
The Government sets out multiple reasons for relief under Rule 60(b): there is no continuing need for deterrence, which means that the sanction is no longer equitable; the sanction has a continuing effect on the professional reputations of the individual attorneys who were involved in the decision to remove; Congress has not waived the Government’s sovereign immunity from the imposition of Rule 11 sanctions; the underlying
Garret Sorensen agreed that the underlying controversies have been, or are in the process of being, resolved.
The February 1, 2012 Order noted that the United States Attorney condoned the removal, remarking that “as long as I am United States Attorney, we will do it again if the need arises.”
Rule 60(b)(5) “applies to any judgment that has prospective effect.”
The other grounds cited by the Government also are reasons that justify relief here: the sanctions would have a continuing effect on the professional reputations of the attorneys; the underlying controversies are resolved; and granting relief would not prejudice Defendants. The most important of these grounds, as I see it, is the possible stain on the professional reputations of the involved lawyers. As my earlier Orders reflect, the worst transgressions were by private counsel.
In reaching this decision, I took into account that no party opposed the essential thrust of the Government’s Motion. Accordingly, the Government’s Motion is GRANTED.
. Doc. Nos. 93, 94.
. Doc. No. 67.
. Doc. No. 84.
. Doc. No. 85.
. Fed.R.Civ.P. 62(a).
. Doc. No. 93.
. Id.
. Doc. No. 94.
. Id.
. Doc. No. 84.
. Id.
. Doc. No. 91.
. 11 Charles Alan Wright and Arthur R. Miller, Federal Practice and Procedure § 2863 (2d ed. 1995).
. Levenson v. Mills, 294 F.2d 397, 399 (1st Cir. 1961) (citing Sacher v. Assoc. of the Bar of the City of New York, 347 U.S. 388, 394 n. 5, 74 S.Ct. 569, 98 L.Ed. 790 (1954)); 11 Wright and Miller, Federal Practice and Procedure § 2863, n. 13.
Reference
- Full Case Name
- STEPHEN L. LaFRANCE HOLDINGS, INC., United States of America, Intervenor v. Garret SORENSEN
- Status
- Published