Opinion
Case No. 8:01-cv-331-T-23TGW
October 19, 2001
ORDER
Before the Court is U.S. Magistrate Judge Wilson's report and recommendation (Doc. 36) on the United States' motions for Rule 11 sanctions against the defendant, Joseph Nelson Sweet, and his attorney, Milton H. Baxley II (Docs. 19, 26). The United States filed a timely, partial objection to the report and recommendation (Doc. 37). Neither Mr. Sweet nor Attorney Baxley filed objections to the report and recommendation or responded to the United States' partial objection.
Upon consideration, the United States' partial objection (Doc. 37) is OVERRULED and Magistrate Judge Wilson's report and recommendation is ADOPTED. Accordingly, the initial motion for sanctions against Mr. Sweet and Attorney Baxley (Doc. 19) is DENIED. The subsequent motion for sanctions against Attorney Baxley (Doc. 26) is GRANTED to the extent that a sanction of $2,000.00 is imposed upon Attorney Baxley. Attorney Baxley shall submit payment of $2,000.00 to the Clerk on or before October 31, 2001, together with a notice of payment of sanction to be filed with the Clerk at the time of payment. Should Attorney Baxley fail to comply with this order he will be removed as counsel of record in this matter and will be subject to further sanctions upon order of the Court.
The United States objects principally to the Magistrate Judge's position with respect to sanctions against Mr. Sweet. The United States asserts the plausible theory that Mr. Sweet's failure to withdraw the affidavit supporting his motion to quash service warrants sanctions, regardless of the Court's denial of the motion to quash before expiration of the twenty-one day safe harbor afforded by Rule 11. Nonetheless, the report and recommendation demonstrates that Magistrate Judge Wilson, who had the opportunity to evaluate the parties' arguments at a hearing, carefully assessed this issue. The United States advances no persuasive argument that suggests any error in the Magistrate Judge's well informed conclusion.