Civil Procedure Keyed to Cound
G. Heileman Brewing Co. v. Joseph Oat Corp
A federal Magistrate ordered that a corporate representative of the Defendant appear at a pre-trial conference to discuss disputed factual and legal issues and the possibility of settlement. The Defendant’s counsel and another attorney who was authorized to speak for the principals appeared, though no corporate representative was present. The Magistrate fined Defendant $5,860.01 pursuant to FRCP 16(f) to cover the Plaintiff’s attorney fees in traveling to the conference. Defendant claimed the court had no authority to order its corporate representatives to the conference, and if it did, that it abused its discretion in this case and also did so with respect to the sanctions.
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