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Civil Procedure – Sanctions

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2015//

Civil Procedure – Sanctions

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2015//

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U.S. Court of Appeals For the Seventh Circuit Civil

Civil

Civil Procedure – Sanctions

Where an attorney has engaged in a pattern of antagonistic behavior, a $2,500 sanction is ordered, but suspended pending the filing of additional frivolous submissions.

“Furthermore, a review of Nora’s other recent litigation makes clear that she has a pattern of engaging in this type of antagonistic behavior. The chief bankruptcy judge of the Western District of Wisconsin criticized Nora this past summer for repeatedly disregarding the judge’s instructions about the court’s jurisdictional and constitutional limits. In re Bechard, Bankr. No. 14-11862-13, 2014 WL 3671419, at *6 (Bankr. W.D. Wis. July 21, 2014). Nora then challenged that decision through a petition for a writ of mandamus, arguing that the judge had issued the decision for the sole purpose of defaming her. Nora v. Furay, No. 14-cv-527-jdp, 2014 WL 4209608 (W.D. Wis. Aug. 25, 2014). The district court found that the judge’s ‘stern, but restrained, criticism’ of Nora had been ‘well within the bounds of propriety and civility,’ though ‘Nora’s petition [was] not.’ Id. at *3 n.7. Additionally, Nora was recently sanctioned $1,000 by another district judge in this circuit for ignoring the judge’s ‘extremely clear warning’ against filing frivolous submissions. Rinaldi, Nos. 13-CV-336-JPS, 13-CV-643-JPS, ECF Doc. 48, at 3 (E.D. Wis. Apr. 9, 2014). Earlier in that case, the judge observed that, as in this case, Nora had ‘at every turn filed briefs that ha[d] done little to clarify the matters under consideration while further confusing matters,’ noting that Nora’s filings lacked coherent focus, cited controlling legal authority sparingly if at all, rehashed rejected arguments, and contained ‘irrelevant and argumentative language that has no place in a legal brief.’ Rinaldi, Nos. 13-CV-336-JPS, 13-CV-643-JPS, ECF Doc. 37, at 2 (E.D. Wis. Dec. 13, 2013). We affirmed that sanction on appeal. Rinaldi v. HSBC USA, N.A., Nos. 13-3865, 14-1887 (7th Cir. Feb. 11, 2015). There is also a pending disciplinary case against Nora in Wisconsin. See Office of Lawyer Regulation v. Nora, No. 2013AP000653-D (Wis. filed Mar. 20, 2013).”

So ordered.

13-2676 In re Nora

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Tinder, J.

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