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07-405 - Zlotnick v. Hubbard et al


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07-405 - Zlotnick v. Hubbard et al
August 19, 2008
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MEMORANDUM-DECISION and ORDER, that pursuant to Rule 11 of the Federal Rules of Civil Procedure and the court's inherent authority, John A. Aretakis, Esq. is Sanctioned as follows: (1) Within twenty (20) days of the date of this order, he is directed to pay attorney's fees and costs to the Church defendants in the amount of $10,000.00; (2) Within twenty (20) days of the date of this order, he is directed to pay attorney's fees and costs to the Federal defendants in the amount of $2,368.26; and (3) Mr. Aretakis is verbally warned that in any future litigation before this court, should he violate Rule 11 or engage in any conduct unsupported by a good faith legal or factual basis, such as filing frivolous and baseless motions for recusal, the court will consider the imposition of monetary judicial sanctions. That the Clerk transmit a copy of this Decision and Order to: The Honorable Norman A. Mordue, Chief Judge of the Northern District of New York; Lawrence K. Baerman, District Court Clerk; and Ms. Barbara Davis, Executive Director of the Albany County Bar Association and Officer-in-Charge of the Legal Referral and Pro Bono Program. That the following motions of Tina Zlotnick and John A. Aretakis (Dkt. No. 33) are DENIED: recusal of the court; reconsideration of the court's September 6, 2007, order; a stay of enforcement of this sanctions order pending appeal; amendment of the caption; and a waiver of a bond pending appeal. Signed by Judge Gary L. Sharpe on 8/18/2008. (jel, )