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PHONOMETRICS, INC. v. ECONOMY INNS OF AMERICA

Nos. 02-1502, 02-1503, 02-1504, 02-1505.

349 F.3d 1356 (2003)

PHONOMETRICS, INC., Plaintiff, and John P. Sutton, Liable Party-Appellant, v. ECONOMY INNS OF AMERICA, Clubhouse Inns of America, Amfac Resorts, Wyndham Hotel Co., Meditrust Corp. (formerly known as La Quinta Inns), Marriott International, Inc., and Host Marriott Corporation, Defendants, and Interstate Hotels, LLC, and Park Lane Hotels International, and Cendant Corporation (formerly known as Hospitality Franchise Systems), and Four Seasons Hotels Limited, and Grosvenor Hotel and Fairmont Hotel Management, and Rhi Hotels, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: November 21, 2003.

Attorney(s) appearing for the Case

John P. Sutton, of San Francisco, CA, pro se.

William E. Davis, Buchanan Ingersoll, of Miami, FL, argued for defendants-appellees. Of counsel was Lawrence B. Lambert.

Gary L. Benton, Coudert Brothers LLP, of San Francisco, CA, for defendant-appellee RHI Hotels. Of counsel was Kristin A. Ring.

Nathan Lane III, Squire, Sanders & Dempsey L.L.P., of San Francisco, CA, for defendant-appellee Interstate Hotels, LLC.

Stephen D. Kaus, Cooper, White & Cooper LLP, of San Francisco, CA, for defendant-appellee Park Lane Hotels International.

Stanley Young, Heller Ehrman White & McAuliffe LLP, of Menlo Park, CA, for defendant-appellee Four Seasons Hotels Limited.

Jonathan R. Bass, Coblentz, Patch, of San Francisco, CA, for defendants-appellees Fairmont Hotel Management and Grosvenor Hotels Group. Of counsel were Howard A. Slavitt, and Jeffrey G. Knowles.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

MICHEL, Circuit Judge.

John P. Sutton, as Liable Party-Appellant, appeals from the order of the United States District Court for the Southern District of Florida granting-in-part and denying-in-part the joint motion of eighteen defendants for sanctions under Rule 11 of the Federal Rules of Civil Procedure. Phonometrics, Inc. v. Marriott Int'l,...

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