The Court’s order states that Plaintiff “had not read and did not know the contents of the [Standard Protective Order].” ECF 376, P. 2. That statement is demonstrably incorrect.
Another materially false statement. In an objection to being sanctioned for making them.
Plaintiff did, in fact, review the SPO—both versions—conducted an independent analysis, and formed a reasoned legal opinion about the applicability of each.
Okay. That explains why you repeatedly failed to identify the specific clause that was violated when prompted.
Plaintiff’s position was grounded in a diligent, good-faith effort
Keep saying that. The Judges love it.
The sanction ruling incorrectly assumed Plaintiff acted without inquiry, when the record proves otherwise.
"Going off a blanket assumption" would suggest that you couldn't have been enquiring too hard.
the Court’s finding rests on an inaccurate factual finding
Make sure you really hammer this point home in any future filings on the subject.
The Court’s order also relied on a second, equally mistaken finding—that Plaintiff made a false or sanctionable statement by asserting that his once-proposed witness “Steve is still eager to testify.” Persuasive case law shows why this shouldn’t be a sanctionable statement. In L-3 Communications Corp. v. Sony Corp., C.A. 10-734 (D. Del. Oct. 23, 2013), the court confronted an eerily similar situation
The situation he goes on to describe is the complete opposite. Credible sources -
at the time counsel was preparing to call witnesses, not several fucking years prior - were saying the witness is dead, which is what counsel relied upon. This turned out to
not be the case, but because they made reasonable enquiries near to the event with somebody close to the witness instead of relying on a throwaway comment from years ago, they were not sanctioned. Completely identical, as you can see.
If a sophisticated litigant in a patent case can rely on secondhand information about a witness’s death without sanction,
What? Was Steve supposed to inform you
himself that he died?
there was no prejudice, discovery violation, or reliance by the Court or Defendants.
In the previous venue, the case would've been flushed like the rancid turd that it is expeditiously. The case was transferred to Utah on the basis that Steve would be your star witness and has been pinballing around with no meaningful progress ever since, so we'll have to agree to disagree.
inconsistent with the leniency afforded to pro se parties acting in subjective good faith.
You see what your "aww, but he's just a poor widdle pro se, IFP guy" has wrought? SUFFAH!
Acknowledge that the record—including Plaintiff’s March 28, 2025 filing—demonstrates he reviewed and relied on both versions of the District’s Standard Protective Order, and that his legal position was based on a good-faith reading of the applicable SPO
Which is the applicable one? What clause was violated? Answer the question.
Clarify that Plaintiff’s statement regarding the willingness of witness “Steve” was not made in bad faith, did not violate any duty under Rule 11(b), and—at most—warrants the limited remedy of exclusion rather than punitive sanction, consistent with analogous case law
Steve is already excluded on the basis that he is dead and you aren't allowed to call witnesses anyway as part of a previous punishment for clowning around during discovery, remember?
Vacate or amend the October 31, 2025 Rule 11(b) finding to reflect these corrections, or, in the alternative, direct that any further sanctions proceedings be limited to consideration of the corrected factual record
Demanding either revisionist history or the "sanction" of mulling over
potential revisionist history is incredible. The only people being punished in that scenario are the Judges. The greatest legal minds could never. I kneel.
One little nitpick though. It does say "any
further sanctions proceedings," so the existing sanctions can still go ahead but we also have to think about if Shitlips was actually diligent and
not sanctioned in a different timeline.
