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Wiehweg v. Sirius XM Radio Inc.

United States District Court, C.D. Illinois

May 10, 2018

WILLIAM HERMAN WIEHWEG, Plaintiff,
v.
SIRIUS XM RADIO, INC., Defendant.

          OPINION

          TOM SCHANZLE-HASKINS UNITED STATES MAGISTRATE JUDGE.

         This matter comes before the Court on Plaintiff William Herman Viehweg's Motion for Sanctions (d/e 44) (Sanctions Motion). For the reasons set forth below, the Motion is DENIED.

         BACKGROUND

         On June 12, 2017, Viehweg filed this action against Defendant Sirius XM Radio, Inc. (Sirius XM). Viehweg sent Sirius XM a request for waiver of service. Sirius XM declined to waive service. Viehweg effected service on Sirius XM on September 27, 2017. Summons Return Executed dated October 11, 2017 (d/e 4). The Court awarded Viehweg $75.00 in fees for the cost of service because Sirius XM declined to waive service. Text Order entered December 15, 2017; see Fed.R.Civ.P. 4(d)(2).

         On October 31, 2017, Sirius XM filed a Motion to Dismiss for Lack of Jurisdiction (d/e 6). On November 16, 2017, Viehweg filed an Amended Complaint (d/e 13), thereby rendering the motion to dismiss as moot. Text Order entered November 27, 2017, see Local Rule 7.1(E). On December 7, 2017, Sirius XM filed an Answer (d/e 15) to Viehweg's Amended Complaint.

         On December 13, 2017, Viehweg filed a Motion to Strike the answer (d/e 18). On December 15, 2017, Viehweg filed an Amended Motion to Strike (d/e 19). On January 5, 2018, the Court allowed the Amended Motion to Strike in part. The Court struck Sirius XM's affirmative defenses 3, 4, 5, 7, and 8 with leave to replead. Sirius XM did not replead.

         On January 12, 2018, Sirius XM filed a Motion to Stay to Compel Arbitration (d/e 25). This Motion to Compel is pending before the District Court.

         On January 26, 2018, Viehweg filed a Motion for Protective Order (d/e 30). The Court denied the Motion for Protective Order with leave to refile because Viehweg indicated that the parties were resolving the issue. Text Order entered February 14, 2018. On March 19, 2018, Viehweg refiled the Motion for Protective Order (d/e 37). On April 4, 2018, the Court denied the refiled Motion for Protective Order. Text Order entered April 4, 2018. On April 23, 2018, Viehweg filed the Sanctions Motion.

         ANALYSIS

         Viehweg asks for sanctions under Federal Rule of Civil Procedure 11.

         Rule 11 requires parties or a party's attorney to sign every pleading, motion, or other paper filed in an action in this Court. By filing a document,

[A]n attorney or unrepresented party certifies to the best of the person's knowledge, information, and belief, formed after inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing ...

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