de Manez Lopez v. Ford Motor Co.
de Manez Lopez v. Ford Motor Co.
Opinion of the Court
ENTRY IMPOSING SANCTIONS AND ORDERING ENTRY OF FINAL JUDGMENT
This entry addresses two motions: Defendants’ Request for Ruling on Motion for Sanctions [Master Docket No. 3637] and Defendants’ Motion for Entry of Judgment
As we explained in our November 14, 2006, Entry Regarding Defendant’s Motion for Sanctions, we construed the Seventh Circuit’s remand order narrowly to reflect our view that the Court of Appeals was the primary victim of Plaintiffs lawyers’ fraud on the Court and that the decision as to how, if at all, to vindicate that court’s authority by the imposition of sanctions should be left to the appellate tribunal. However, as “Defendants’ Request for Ruling on Motions for Sanctions” filed December 6, 2006, points out, the Seventh Circuit does not currently have jurisdiction to decide the Defendant’s Motion for Sanctions because there is no
As stated in our prior entry, the indifference to the truth and the lack of diligence by Plaintiffs U.S. lawyers, specifically, Roger Reed and Alberto Guerrero,
Therefore, pursuant to 28 U.S.C. § 1927, we hereby impose as a sanction against Plaintiffs U.S. lawyers (Messrs. Reed and Guerrero) an order to pay over forthwith the amount of fifty thousand dollars ($50,000.00) to Defendants as an offset against the expenses Defendants were obligated to incur in investigating the More-los proceedings and in responding to the remanded matters from the Seventh Circuit Court of Appeals. The fifty thousand dollar payment shall be divided among the Defendants in whatever fashion they deem appropriate taking into account the relative roles of each in shouldering responsibility for litigating these issues.
Further, Dr. Leonel Pereznieto, the apparent mastermind behind these frauds on the U.S. and Mexican courts, is ordered to pay over, as a personal sanction, the amount of one hundred thousand dollars ($100,000.00). Fifty thousand dollars ($50,000.00) of that amount is payable to Defendants as an additional offset against the expenses they incurred in investigating the Morelos proceedings and litigating the remand issues and the second fifty thousand dollars is payable to the Clerk of this court as a sanction for the fraud perpetrated by him in this forum. So long as this monetary sanction remains unpaid in the full amount of $100,000, Leonel Pereznieto is and shall be barred from providing any testimony against any Defendant in this cause in any United States court. Fur
Finally, having considered the parties’ briefings on the Defendants’ Motion for Entry of Judgment, we conclude that Rule 58(d) of the Federal Rules of Civil Procedure requires the Court to set forth its judgment in this case in a separate document, which we shall do, but that our dismissal of this cause must be and therefore is without prejudice. IT IS SO ORDERED.
. In response Plaintiff filed, "Plaintiff's Response to Defendants' Motion for Entry of Judgment, or in the Alternative, Motion to Alter or Amend Judgment” on December 14, 2006. [Master Docket No. 3645.]
. 28 U.S.C. § 1927 provides that any attorney who unreasonably and vexatiously multiplies the proceedings in any case may be required to pay the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct. See Riddle & Assocs., P.C. v. Kelly, 414 F.3d 832, 835 (7th Cir. 2005).
. Kevin Dubose, another of Plaintiff's U.S. lawyers, was engaged by Roger Reed and Alberto Guerrero to assist only with the appeal of the adverse forum non conveniens ruling to the Seventh Circuit. In terms of the fraud on this court, we regard Dubose to be less culpable than his co-counsel because of his limited contact with the malfeasing Mexican lawyers. For this reason, we will not impose sanctions as to him.
Reference
- Full Case Name
- In re: BRIDGESTONE/FIRESTONE, INC. TIRES PRODUCTS LIABILITY LITIGATION Sofia de Manez Lopez v. Ford Motor Company
- Cited By
- 1 case
- Status
- Published