Summary
This Report and Recommendation addresses multiple motions filed by Defendant Jennifer Madison, including requests to dismiss the case, continue proceedings, strike pleadings, and obtain a protective order, alongside Plaintiff Peter D. Weinstein’s motion for attorney’s fees under Rule 11. The Magistrate Judge finds that the Defendant’s motions lack merit or good cause and recommends denial, while also denying the Plaintiff’s fee request due to procedural noncompliance with Rule 11(c)(2). The document concludes by admonishing the pro se Defendant regarding potential sanctions for frivolous filings and outlines the procedure for filing objections.
Topics
Practice areas
Questions Presented
- Whether Defendant's motion to dismiss the libel and defamation claims should be granted.
- Whether Defendant's motions for continuance should be granted.
- Whether Defendant's motion to strike the complaint should be granted.
- Whether Defendant's motion for a protective order should be granted.
- Whether Plaintiff is entitled to attorney's fees under Rule 11.
Holdings
- The court denied Defendant's motion to dismiss.
- The court denied both continuance motions.
- The court denied the motion to strike.
- The court denied the protective order motion.
- The court denied Plaintiff's fee request.
Key quotations
“The Court DENIES the motion for failure to comply with Rule 11(c)(2).” (at 421)
“Madison offers no cognizable arguments that Weinstein’s claims should be dismissed.”
Factual background
Plaintiff Peter D. Weinstein sued Defendant Jennifer Madison for libel and defamation. Madison, proceeding pro se, filed a series of duplicative motions seeking continuances, dismissal, a strike of the complaint, and a protective order. The court found Madison offered no cognizable arguments or supporting evidence for any of the motions.
Procedural history
The district court referred Defendant Madison's multiple motions to a magistrate judge, who recommended denial of all motions. The district judge adopted the recommendation and denied the motions.
Remand instructions
Return the case to the docket of the Honorable David A. Ezra for further proceedings.