Ninth Circuit Rejects Collateral Attack on Jamul Land Use, Affirms Sanctions for Rule 11 Violation

Here are the materials in Rosales v. Roman Catholic Bishop of San Diego:

Opening Brief

Answer Brief

Reply

CA9 Memorandum 

Michigan Federal Court Dismisses Lay Advocate’s Civil Rights Suit against Sault Tribal Judge and Private Attorney, Orders $1500 Sanction Award

Here are the materials in Bellfy v. Edwards (W.D. Mich.):

1 Complaint

9 Fabry Motion to Dismiss

11 Edwards Motion to Dismiss

14 Bellfy Subpoena

15 Bellfy Motion to Strike

16 Fabry Motion to Quash

23 Edwards Response to 15

24 Fabry Response to 15

25 Bellfy Motion for Judgment on Pleadings

26 Fabry Response to 25

27 Edwards Response to 25

29 Edwards Motion for Sanctions

30 DCT Order Quashing Subpoena

31 Bellfy Motion for Summary J

32 Edwards Response to 31

33 Fabry Response to 31

34 Magistrate Report

35 Bellfy Objection

36 Edwards Response

38 DCT Order

Federal Court Imposes $200K Appeal Bond on Wolfchild Appeal

Here are the relevant materials in Wolfchild v. Redwood County (D. Minn.):

208 Lower Sioux Community Motion for Rule 11 Sanctions

291 DCT Order

Materials on the court’s dismissal of the claim are here.

Miccosukee Tribe and Bernardo Roman Sanctioned $1M by Federal Court in Claims against Billy Cypress, Lewis Tein LLC, and Dexter Lehtinen

Here are the materials in Miccosukee Tribe v. Cypress (S.D. Fla.):

38 Defendants Notice of Filing Motion for Sanctions

380 Lewis Tein Trial Brief re Rule 11 Motion

394 Lehtinen Supp Brief

395 Lewis Tein Supp Brief

396 Miccosukee Brief

419 DCT Order

An excerpt:

For the aforementioned reasons, it is hereby ORDERED and ADJUGDED that Defendant Lewis Tein’s Motion for Rule 11 Sanctions and Defendant Dexter Lehtinen’s Motion for Rule 11 Sanctions are GRANTED in part and DENIED in part. Plaintiff Miccosukee Tribe of Indians of Florida, Counsel Bernardo Roman, Esq., and the Law Offices of Bernardo Roman III are SANCTIONED in the amount of $975,750.00 owing to Lewis Tein and in the amount of $95,640.00 owing to Dexter Lehtinen, which represent the attorney’s fees and costs incurred in this matter, including those accrued for bringing and [50]  prosecuting the sanctions motions. See Norelus v. Denny’s, Inc., 628 F.3d 1270, 1298 (11th Cir. 2010) (“[A] district court may include costs arising from the sanctions proceedings in the sanctions award.”); Mike Ousley Prods., Inc. v. WJBF-TV, 952 F.2d 380, 383-84 (11th Cir. 1992) (“This Court has clearly held that a party can collect the expense of pursuing a Rule 11 claim.”).

I recognize the monetary sanctions imposed are sizable. However, considering that upon a finding that a party filed a pleading that has no reasonable factual basis, which unreasonably and vexatiously multiplied the proceeding, an appropriate sanction may be the compensation of attorney’s fees incurred in combating the wrongful conduct. Here, the wrongful conduct is the filing of the complaints with no reasonable factual basis to support their allegations. Following a review of the Lewis Tein’s Sealed Statement of Attorney’s Fees (ECF No. 400, SEALED) and Defendant Lehtinen’s Filing of Legal Fees and Expenses Pursuant to Court Order (ECF No. 404, SEALED), it is difficult to parse out — given the sweeping nature of the Tribe’s allegations, i.e. Defendants Lewis Tein created their law firm “for the main purpose of advancing and perfecting the plundering of the Miccosukee Tribe,” Defendants Lewis Tein devised a money laundering/kickback scheme whereby Defendants [51]  Lewis Tein “would charge exorbitant fees for fictitious, unnecessary, inflated, substandard and exaggerated legal work to funnel a part thereof to Defendant Cypress,” and Defendant Lehtinen “through a pattern of criminal activity. . .maintained control of the affairs of the [Tribe] . . . resulting in a loss of millions of dollars” — which, if any, of the legal fees incurred were not warranted by the allegations.

Materials in Miccosukee’s failed effort to disqualify the judge are here.

Materials on the underlying merits of the claim are here and here.