Opinion
CASE NO. C1-08-046.
April 28, 2009
ORDER
On March 31, 2009, this Court issued an Order to Show Cause why sanctions should not be imposed on counsel for Duke Energy, based upon representations made in a document filed on October 27, 2009. A hearing was held on April 20, 2009 at which time counsel for Duke Energy apologized to the Court, and counsel for Plaintiffs requested that sanctions not be imposed.
After considering the statements made by both counsel, the Court concludes that sanctions are not appropriate. The statements identified by the Court in the Order of October 27, 2008 were either factually imprecise or simply inaccurate. Because the entirety of the document gives a more accurate description, the Court does not find that the statements were made in bad faith. In reaching this conclusion, the Court places great weight upon the representations of Plaintiffs' counsel that sanctions are not warranted.
Counsel for Defendants have shown cause why sanctions should not issue. The Court's Order of March 31, 2009 is VACATED in light of these conclusions.
IT IS SO ORDERED.