G.J.B. & ASSOCIATES, INC. v. SINGLETON

No. 88-2249.

913 F.2d 824 (1990)

G.J.B. & ASSOCIATES, INC., a Florida Corporation; Glenn J. Beadle; Ruth Beadle, on their own behalf, and as to the causes of action asserted on behalf of Brown Educational Corporation, for its use and benefit on a derivative basis; Albert O. Roy; Mark V. Berland; Robert J. Quinn; Winston Churchill; W.B. Pearson; Ann L. Giordano; Harlan L. Berland; Darrell J. Lundgren; and C.C. Pollen Company, Plaintiffs, v. John D. SINGLETON; Kenneth H. Reiserer; Beckett Partnership; Johnny Brown; Brown Educational Corporation; Richard Brooke; John Does 1 Through 20; Betty Brown, also known as "Boots"; Ann Margolis, Special Administrator of the Estate of Harry Margolis; and John D. Singleton, doing business as Singleton & Reiserer, Defendants. Earl D. MILLS; W. Wayne Mills; and Robert F. Bourk, Appellees, v. John A. CLARO, Movant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 5, 1990.


Attorney(s) appearing for the Case

John A. Claro, pro se, David Morse and Jay D. Adkisson on the brief, Claro & Johnston, Oklahoma City, Okl., for movant-appellant.

No appearance for appellees.

Before LOGAN, SETH and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Movant-appellant John Claro, an attorney, challenges the district court's sua sponte imposition of sanctions upon him for violating Fed.R.Civ.P. 11 & 16(f) during trial of a legal malpractice action. Reviewing the district court's determination under an abuse of discretion standard, Cooter & Gell v. Hartmarx Corp., ___ U.S. ___, 110 S.Ct. 2447, 2461, 110 L.Ed.2d 359 (1990) (Rule 11 standard); Ikerd v. Lacy,

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