RUTH MILLER, Magistrate Judge.
Before the Court is plaintiff Greg Hargus' motion for sanctions for failure to attend mediation. [DE 131]. Defendants oppose the motion. [DE 134]. This admiralty action arises out of injuries plaintiff suffered during a May 19, 2012 boating excursion when the boat captain threw an object at and struck plaintiff in the head. Plaintiff brought an action against the vessel used in the boating trip (the M/V One Love), the captain of the vessel (Kyle Coleman), the vessel's owner (Ferocious and Impetuous, LLC d/b/a One Love Charters, hereafter the "LLC"), and Joseph Trattner, the managing member of the LLC.
U.S. Magistrate Judge Geoffrey W. Barnard mediated this matter on October 31, 2014. [DE 133]. Plaintiff and his counsel appeared for mediation. Defendants' counsel appeared, along with Trattner. Coleman did not appear,
Plaintiff contends that defendants and their attorneys should be sanctioned for "fraud on this Court
Local Rule of Civil Procedure 3.2(f)(2) provides that a court "shall impose sanctions, including an award of mediator and attorney fees and other costs," where "a party, without good cause, fails to appear at . . . mediation . . . or fails to participate in the mediation in good faith." LRCi 3.2(f)(2). A party is deemed to appear at mediation if "the following persons are physically present: (A) The party or its representative having full authority to settle without further consultation; and (B) a representative of the insurance carrier for any insured party [] and who has full authority to settle without further consultation." Id.
A court has the power to sanction counsel for bad faith conduct pursuant to its inherent authority.
A court may only use its inherent power to assess attorney's fees as a sanction in narrowly-defined circumstances. Roadway, 447 U.S. at 765. These rare situations are, for example, when a party has engaged in egregious acts such as litigating in bad faith, abusing judicial processes, or threatening witnesses with violence. See, e.g., The Republic of the Philippines, 43 F.3d at 73-74; Alyeska Pipeline Svc. Co. v. Wilderness Society, 421 U.S. 240, 258-59 (1975) (party who "has acted in bad faith, vexatiously, wantonly, or for oppressive reasons" is subject to sanctions pursuant to a court's inherent power).
As an initial matter, plaintiff does not identify any "fraud" on the Court perpetrated by anyone. Nor does plaintiff identify any legal authority — apart from the local rule — to support his position. Here, the insurer states that the coverage under the policy had been exhausted.
On the other hand, this same insurer entered into a LOU as a substitute for the arrest of the vessel in this admiralty case. On that basis, it may have some other contractual duty to answer for a judgment in this case,
Moreover, the sanctions plaintiff seeks are quite draconian relative to the conduct complained of here, and the Court views them as not proportional to any harm done.
Accordingly, the premises considered, it is hereby ORDERED that the motion for sanctions [DE 131] is DENIED.