`FILED: KINGS COUNTY CLERK 11/15/2017 02:29 PM
`Case 1:11-cv-01919-ESH Document 121 Filed 08/30/12 Page 1 of 3
`NYSCEF DOC. NO. 60
`RECEIVED NYSCEF: 11/15/2017
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
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`) Civil Action No. 11-1919 (ESH)
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`WILLIAM C. CARTINHOUR, JR., et al.,
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`Defendants.
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`__________________________________________)
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`WADE ROBERTSON,
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`Plaintiff,
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`MEMORANDUM OPINION & ORDER
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`By Memorandum Opinion issued on August 10, 2012, this Court determined that
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`sanctions against Ty Clevenger under 28 U.S.C. § 1927 were appropriate given Clevenger’s
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`conduct in the above-captioned case. Robertson v. Cartinhour, No. 11-cv-1919, 2012 U.S. Dist.
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`LEXIS 112289, at *18 (D.D.C. Aug. 10, 2012). Pursuant to the Court’s Order, defense counsel
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`submitted documentation for the period February 25, 2011, through March 21, 2012, to support
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`an award of $10,211.92 in expenses and $113,590.25 in attorney’s fees. (Praecipe (Dkt. No.
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`118.)
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`In response, Clevenger objects to the award of sanctions solely on the legal grounds that a
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`lawyer should not be sanctioned under § 1927 when “he merely accede[d] to his client[ ] [Wade
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`Robertson’s] wishes to continue a nonmeritorious claim.” (Objection to the Court’s Proposed
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`Sanctions Order (Dkt. No. 119) (“Clevenger’s Opp’n”) (quoting Hilton Hotels v. Banov, 899
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`F.2d 40, 45 fn. 9 (D.C. Cir. 1990).) In support, Clevenger has submitted Wade Robertson’s
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`affidavit attesting to the fact that he “insisted that . . . [Clevenger] continue prosecuting this case
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`. . . .” and that Robertson “believe[d] this case to be meritorious.” (Clevenger’s Opp’n., Ex. 1.)
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`INDEX NO. 518372/2017
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`Case 1:11-cv-01919-ESH Document 121 Filed 08/30/12 Page 2 of 3
`NYSCEF DOC. NO. 60
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`Cartinhour has filed a reply. (William Cartinhour’s Reply to Ty Clevenger’s August 24, 2012
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`Pleading (Dkt. No. 120).)
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`Based on the record before the Court, as well as for the reasons stated in its
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`Memorandum Opinion of August 10, 2012, the Court concludes that Clevenger has not raised
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`any issue as to the reasonableness of the fees and costs, but instead, he relies on the erroneous
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`assumption that he cannot be liable for sanctions under § 1927 if he accedes to his client’s
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`wishes to continue a nonmeritious claim. This response is both factually and legally wrong.
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`First, it is clear from this Court’s opinion that Clevenger cannot hide behind Robertson.
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`His own conduct constituted “bad faith and [an] utter disregard for the judicial system.”
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`Robertson, 2012 U.S. Dist. LEXIS 112289, at *18. It was Clevenger’s needless filings and
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`pattern of groundless and vexatious litigation, whether at Robertson’s behest or not, that
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`contributed to wasted time and resources by Cartinhour and the Court. In addition, as defendant
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`correctly argues, Hilton Hotels does not immunize a lawyer from § 1927. After the jury rendered
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`its verdict, Clevenger had no good faith basis to proceed with Robertson’s outlandish legal and
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`factual positions, nor can he justify his actions by claiming that he had to “appease [his] client[].”
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`In re TCI Ltd., 769 F.2d 441, 447 (7th Cir. 1985). In short, Hilton Hotels, which was a Rule 11
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`case, not a § 1927 case, does not help Clevenger. No matter how stringent a standard is imposed,
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`see United States v. Wallace, 964 F.2d 1214, 1218-19 (D.C. Cir. 1992), and LaPrade v. Kidder
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`Peabody & Co., 146 F.3d 899, 905 (D.C.Cir.1998), Clevenger has violated that standard and
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`sanctions are warranted.
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`Accordingly, the Court awards sanctions in the sum of $123,802.17 ($113,590.25 for fees
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`INDEX NO. 518372/2017
`FILED: KINGS COUNTY CLERK 11/15/2017 02:29 PM
`Case 1:11-cv-01919-ESH Document 121 Filed 08/30/12 Page 3 of 3
`NYSCEF DOC. NO. 60
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`and $10,211.92 for costs) to be paid on or before September 30, 2012.
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`Date: August 30, 2012
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`ELLEN SEGAL HUVELLE
`United States District Judge
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`3
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