Summary
This United States District Court order grants a motion for leave to file an amicus curiae brief submitted by Kym Worthy, Patricia Penman, and Suzette Samuels. The amici seek to support the defendant's renewed motion for sanctions against the plaintiff, arguing that he filed false accusations and fabricated affidavits. Despite the case being on limited remand from the Sixth Circuit regarding the extension of time to file a notice of appeal, the court retains collateral jurisdiction to address the sanctions-related motion. The court concludes that the proposed amicus brief will provide useful information to assist in administering justice regarding the sanctions request.
Topics
Practice areas
Questions Presented
- Whether the district court may grant leave to file an amicus brief supporting the defendant's motion for sanctions.
Holdings
- The court granted the motion for leave to file a brief amicus curiae.
Key quotations
“Its [initial] purpose was to provide impartial information on matters of law about which there was doubt, especially in matters of public interest.” (at 1)
“The inherent authority to impose sanctions is “ever present.”” (at 1)
Factual background
Plaintiff Derrick Lee Cardello‑Smith alleges rape; Defendant Judge Sean Combs is the opposing party. Amicus applicants Kym Worthy, Patricia Penman, and Suzette Samuels were previously involved in investigating or prosecuting the plaintiff and allege that the plaintiff filed false accusations and fabricated affidavits.
Procedural history
The case is on limited remand from the Sixth Circuit to resolve whether the time for filing a notice of appeal should be extended. The district court considered a motion for leave to file an amicus brief in support of the defendant's renewed motion for sanctions.