Mullen v. Butler

After granting defendants’-operators of women’s volleyball club motion for summary judgment in class action, alleging that defendants fraudulently concealed prior claims of sexual abuse against one defendant-owner of club, Dist. Ct. did not err in imposing sanctions of $20,998.10 in plaintiff’s attorney’s fees and $5,000 for in civil penalties for two defendants for attempting to coerce potential class action members to opt out of case during certification period. Record supported Dist. Ct.’s finding that defendants sent emails with intent to encourage potential class action members to opt out of class and to have instant class action dismissed Moreover, record showed that defendant’s counsel had received one such email and misrepresented to Dist. Ct. that defendants had not done so. Also record showed that Dist. Ct.’s calculation of attorney’s fees was not improper and was based on defendants' misconduct, where said calculation need only be based on “rough justice”, and where Dist. Ct. attempted to arrive at figure for charges only relating to fees generated by defendant’s misconduct by going over proposed fees on line-by-line basis. Dist. Ct. could also properly impose instant civil penalties to address unacceptable litigation conduct.