WILLIAM H. STEELE, Chief District Judge.
This matter comes before the Court on a series of supplemental filings (docs. 157, 158 & 159) by the parties concerning the specific sanctions that should be imposed pursuant to defendants' Motions for Sanctions (docs. 149 & 150).
On March 13, 2014, the undersigned entered an Order (doc. 156) granting both Motions for Sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure and the inherent powers of this Court. The March 13 Order required movants, M.K. Harless and MKH Properties, LLC, to supplement their filings with necessary detail concerning the form of the "prospective restrictions" contemplated and the amount of the monetary sanctions desired (with appropriate backup and supporting documentation). Movants did so, via an extensive Response (doc. 157) filed on March 28, 2014, laying out their case for specific injunctive relief and documenting the $72,477.61 in attorney's fees and costs that they seek to be imposed against plaintiffs as a monetary sanction. With respect to the March 13 Order's stated concern that binding precedent requires sanction orders to consider ability to pay, movants point to record evidence that both Reginald Johnson and Shirley Johnson-Young appear to have long-term employment in an education setting, that each of them owns a home with an appraised value in excess of $100,000, and that they own a parcel of property adjacent to Gilbert Creek Estates with an appraised value of $61,300. On that basis, movants assert that "the requested sanction would not impose financial ruin on the Johnsons." (Doc. 157, at 11.)
In a Response (doc. 158) filed by and through counsel on April 11, 2014, Johnson and Johnson-Young state that they "do not object to a pre-clearance of future actions filed by them against Defendants" in this District Court, and further state that they "do not dispute the reasonableness of the attorney fees and legal fees asserted by Defendants' counsel." (Doc. 158, at 1.) The sticking point, however, lies in plaintiffs' conclusory assertion (disconnected from any evidentiary showing whatsoever) that requiring plaintiffs to pay the MKH/Harless legal fees as a sanction in this case "will be financially devastating, leaving Plaintiffs destitute." (Id.) Plaintiffs propose that "post-litigation interrogatories" be ordered to enable the parties to get to the bottom of the ability-to-pay issue once and for all. For their part, however, MKH and Harless object to being "put to the burden and expense of conducting discovery" to combat what is at this time nothing more than plaintiffs' counsel's ipse dixit concerning ability to pay. (Doc. 159, at 1.)
This litigation and its predecessors (as extensively documented in the undersigned's previous Orders) have undoubtedly been an expensive, exhausting ordeal for all concerned. The Court has no intention of prolonging the misery and ratcheting up the cost unnecessarily, in the context of adjudicating the lingering sanctions issue. See generally Kahane v. UNUM Life Ins. Co. of America, 563 F.3d 1210, 1216 (11
Should plaintiffs not respond in a timely manner, the Court will take the sanctions issue under submission promptly after May 2, 2014. In the event that plaintiffs do respond with a timely filed evidentiary submission, MKH and Harless will be allowed until