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Thomason v. Lehrer

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


August 21, 1998

CHARLES L. THOMASON,
PLAINTIFF,
V.
NORMAN E. LEHRER, P.C., AND NORMAN E. LEHRER, ORDER
DEFENDANTS.

The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

HON. STEPHEN M. ORLOFSKY

This matter having come before the Court on the Order to Show Cause Why Count I of the Amended Complaint Should Not Be Dismissed for Failure to State a Claim, Why Counts II Through IV Should Not Be Dismissed Pursuant to 28 U.S.C. § 1367(c)(3), and Why Sanctions Should Not Be Imposed Against Charles L. Thomason, Esq. Pursuant to Fed. R. Civ. P. 11, 28 U.S.C. § 1927, and the Court's Inherent Powers, entered on May 26, 1998, as amended on May 28, 1998, to provide that Plaintiff shall show cause as to why Count I of the Second Amended Complaint should not be dismissed for lack of subject matter jurisdiction, Plaintiff, Charles L. Thomason, Esq., appearing pro se, and Norman E. Lehrer, Esq. of Norman E. Lehrer, P.C. appearing on behalf of Defendants, Norman E. Lehrer, P.C. and Norman E. Lehrer, Esq.; and

The Court having considered the submissions of the parties; and

For the reasons set forth in an OPINION filed concurrently with this ORDER,

IT IS ORDERED on this 21st day of August, 1998, that Count I of the Second Amended Complaint be, and hereby is, DISMISSED WITH PREJUDICE pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; and

IT IS FURTHER ORDERED, pursuant to Rule 11(c)(2) of the Federal Rules of Civil Procedure, that within 30 days of the date of this ORDER Plaintiff shall, pursuant to Local Civil Rule 67.1, deposit $1,000 into the Court's Registry; and

IT IS FURTHER ORDERED, pursuant to Rule 11(c)(2) of the Federal Rules of Civil Procedure, that within 30 days of the date of this ORDER Plaintiff shall pay $1,000 directly to Defendants; and

IT IS FURTHER ORDERED, pursuant to Rule 11(c)(2) of the Federal Rules of Civil Procedure, that within eighteen months of the date of this ORDER, Plaintiff shall attend and satisfactory complete two seminars sponsored or offered by a law school accredited by the American Bar Association or a reputable provider of continuing legal education, one on federal practice and procedure and the other on attorney professionalism and professional conduct, and shall so attest by affidavit filed with the Court; and

IT IS FURTHER ORDERED that Plaintiff shall show cause on October 16, 1998, at 9:30 a.m., why Counts II through IV of the Second Amended Complaint should not be dismissed pursuant to the litigation privilege as recognized under New Jersey law; and

IT IS FURTHER ORDERED that Plaintiff's brief with respect to the litigation privilege shall be filed on or before September 25, 1998, that Defendants' responsive brief, if any, shall be filed on or before October 2, 1998, and that Plaintiff's reply brief, if any, shall be filed on or before October 9, 1998; and

IT IS FURTHER ORDERED that all papers filed shall comply with the Local Civil Rules for the District of New Jersey, including, but not limited to Local Civil Rule 7.2(b); and

IT IS FURTHER ORDERED that, pursuant to Rule 78 of the Federal Rules of Civil Procedure, unless otherwise directed by the Court, the Order to Show Cause shall be decided on the papers without oral argument.

19980821

© 2000 VersusLaw Inc.



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