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Civil Procedure Keyed to Friedenthal
Nick v. Morgan Foods, Inc.
Citation:
270 F.3d 590 (8th Cir. 2001)Facts
Plaintiff filed a lawsuit against Defendant, alleging sexual harassment and retaliation. The parties consented to Alternate Dispute Resolution (ADR). The first ADR conference was postponed at Defendant’s request; after the conference took place, the mediator informed the district court of defendant’s “minimal participation” in the mediation. The court issued an order to show cause to Defendant for why sanctions should not be imposed, and Plaintiff also moved for sanctions. The district imposed sanctions based on its finding that Defendant failed to act in good faith in the ADR proceeding. The sanctions were ordered to be paid to Plaintiff for its costs and attorneys’ fees; additional sanctions were payable to the court. Sanctions were also imposed, payable to the court, after Defendant filed a motion for reconsideration of the court’s sanctions order. Defendant appealed the sanctions order, to the extent of the sanctions were payable to the court.
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Topic Resources
Topic Outline
Pretrial Procedures