November 15, 1999, ORDER by United States District Court Judge David S. Dotty, in LAMBROS vs. FAULKNER, that ADOPTS the August 4, 1999 REPORT AND RECOMMENDATION by Magistrate Judge Mason after de novo review of the file and record by dismissal of defendants motion to dismiss or for summary judgment.
CIVIL NO. 98-1621 (DSD/JMM)
Filed November 15, 1999
JOHN GREGORY LAMBROS, Plaintiff
CHARLES W. FAULKNER, sued as Estate/Will Business Insurance of Deceased Attorney Charles W. Faulkner, SHEILA REGAN FAULKNER,
FAULKNER & FAULKNER
and JOHN & JANE DOE,
This matter is before the court on (1) the parties' objections to the report and recommendation of Magistrate Judge John M. Mason dated August 4, 1999 and (2) plaintiffs' motion for sanctions against defendants' attorneys under Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927.
A. Parties Objections to the Magistrate Judge's Report and Recommendation
In his report, the magistrate judge recommended that defendants' motion to dismiss or for summary judgment be denied as presented. Both parties object. Plaintiff disputes certain specific factual statements in the magistrate judge's report. However, because these statements are not material to the court's decision as to the issues raised by defendants' motion to dismiss or for summary judgment, there is no need to resolve this disagreement.
Defendants object to the magistrate's recommendation to deny their motion. However, in their objection papers, defendants do not dispute specific conclusions made by the magistrate judge. Rather, they submit new evidentiary material and ask the court to grant summary judgment based on a record that was not before the magistrate judge at the time he issued his report and recommendation. Defendants also raise several new legal arguments including the contention that federal public defenders are immune from legal malpractice actions under Minnesota state law.
The court believes that the proper vehicle for defendants' new legal arguments and new supporting evidence is a freshly brought and properly noticed motion for summary judgment. Therefore, after conducting a de novo review of the file and record, the court will adopt the magistrate judge's report and recommendation.
B. Plaintiff's Motion for Sanctions
Plaintiff also brings a motion for sanctions against defendants' attorneys under Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927. Plaintiff contends that defendants' attorneys
Dated: November 15, 1999
David S. Doty
United States District Judge
For more information write (snail mail) JOHN GREGORY LAMBROS directly at:
JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000
THANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.