Order imposing sanctions remanded for further consideration in light of recent Third Circuit decision
Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. Act. No. 05-245-JJF, October 6, 2009.
Farnan, J. Motion to vacate or set aside order imposing sanctions is granted and matter is remanded to the Magistrate Judge for further consideration.
Plaintiff and its counsel move to vacate or set aside the Magistrate’s July 20, 2009 and the Court’s July 23, 2009 orders imposing sanctions. Although the motion contests the amount of sanctions, reconsideration of the entire sanctions issue is warranted in light of the Third Circuit's recently issued decision in Grider v. Keystone Health Plan Central, Inc. Although the Grider opinion does not deal with the particular Rule at issue here, the Court considers its potential applicability, particularly regarding the need to expressly consider the substantial justification standard in imposing sanctions and to provide precise and detailed support for an imposition of sanctions. Thus the matter is remanded in its entirety to the Magistrate Judge for further consideration in light of any potential applicability of Grider.
