Opinion
Civ. No. 3:04cv218 (PCD)
April 6, 2004
ORDER TO SHOW CAUSE
Pursuant to Local Rule 16(g)(2), Defendant Allan B. Taylor and Defendants Connecticut Light Power Company, Northeast Nuclear Energy Co, and Northeast Utilities Service Company move to strike the complaint from the docket [see Doc. No. 6 and 17] because attorney Nancy Burton, who signed the complaint, is the subject of contempt orders in the United States District Court.
On July 24, 2002, District Court Judge Alan H. Nevas issued an order directing attorney Burton to pay the reasonable costs and expenses incurred by Connecticut Yankee Atomic Power Company in the amount of $171,546.80, in conjunction with Burton's violations of apermanent injunction. Egri v. Conn. Yankee Atomic Power Co., 3:02cv400(AHN), Order [Doc. No. 95]. In an unpublished opinion, the Second Circuit affirmed the District Court's sanctions, Conn. Yankee Atomic Power Co. v. Town of Haddam (In re Egri), 68 Fed. Appx. 249, 2003 U.S. App. LEXIS 13409 (July 1, 2003), and the United States Supreme Court denied Burton's petition for certiorari, Burton v. Conn. Yankee Atomic Power Co., __U.S.__, 124 S.Ct. 1419, 158 L.Ed.2d 84 (2004). Accordingly, the judgment for sanctions is final.
On July 1, 2003, a second order of contempt was entered against Burton for violating the permanent injunction, and Burton was ordered to pay sanctions of $2,500 to compensate Connecticut Yankee for reasonable attorneys' fees in bringing the motion for contempt. Egri v. Conn. Yankee Atomic Power Co., 3:02cv400(AHN), Ruling and Second Order of Contempt [Doc. No. 151]. The Second Circuit affirmed the ruling in a summary order, in which it noted that the issues raised in the appeal were frivolous. Egri v. Conn. Yankee Atomic Power Co., 2d Cir. No. 03-7837-cv (Order, Dec. 23, 2003). Burton's for reconsideration of the summary affirmance was denied by the Second Circuit on February 17, 2004.
The Local Rule governing sanctions against counsel provides that "[t]he Clerk shall not accept for filing any paper from an attorney or pro se litigant against whom a final order of monetary sanctions has been imposed until the sanctions have been paid in full." D. CONN. L. CIV. R. 16(g)(2). The docket reflects that Burton has not paid the sanctions. It is hereby ORDERED that Burton, on or before April 19, 2004, show cause by filing a written response to all of the grounds raised in Defendants' motions as to why the complaint in this action shall not be stricken because of her failure to pay the sanctions.
SO ORDERED.