Summary
The United States District Court for the Middle District of Pennsylvania denied Russel Williams Home Services LLC’s motion for a temporary restraining order and preliminary injunction. The court ordered attorneys Joshua L. Schwartz and Justin A. Tomevi to show cause why they should not be sanctioned under Federal Rule of Civil Procedure 11 after allegedly submitting nonexistent quotations from cited Federal Circuit decisions.
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Practice areas
Questions Presented
- Whether the plaintiff's motion for a temporary restraining order and preliminary injunction should be granted.
- Whether Attorneys Joshua L. Schwartz and Justin A. Tomevi should be required to show cause concerning allegedly nonexistent quotations in their brief and potential sanctions under Federal Rule of Civil Procedure 11.
Factual background
The plaintiff sought a temporary restraining order and preliminary injunction against the defendants. The order identifies allegedly nonexistent quotations to two Federal Circuit cases in a brief filed by Attorneys Joshua L. Schwartz and Justin A. Tomevi. The order does not state the underlying substantive facts or the court's reasons for denying injunctive relief; it refers to an accompanying memorandum that is not included in the document text.
Procedural history
The plaintiff filed a motion for a temporary restraining order and preliminary injunction, supported by a brief. After considering the parties' briefs, the court denied the requested emergency and preliminary injunctive relief. The court separately ordered Attorneys Joshua L. Schwartz and Justin A. Tomevi to show cause regarding quotations attributed to two Federal Circuit decisions and possible Rule 11 sanctions.