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173177P.pdf 01/08/2019 SPV-LS, LLC v. The Estate of Nancy Bergman
U.S. Court of Appeals Case No: 17-3177
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Shepherd, Author, with Kelly and Stras, Circuit Judges]
Civil case - Civil procedure. Because the estate used a motion for
reconsideration of the district court's ruling for the improper purpose of
introducing new arguments it could have raised earlier, and because the
estate failed to support these arguments with any evidence, even after
receiving additional time for discovery, the district court did not abuse
its discretion in refusing to reconsider its summary judgment order; the
district court did not abuse its discretion in denying plaintiffs' request
to impose 28 U.S.C. Sec. 1927 sanctions against the estate's attorneys
based on its determination that it was plaintiffs' actions, rather than
counsel's, that caused any multiplication of proceedings; however, the
court erred in denying the estate's request for sanctions under Fed. R.
Civ. P. 26(g)(1) with respect to Attorney Kroll as it erroneously assessed
the evidence concerning a possible fraud, and the matter is remanded for
further proceedings on the issue; the court did not abuse its discretion
in denying Rule 26(g)(1) sanctions against Attorney Donahoe.