United States District Court, C.D. Illinois
SCHANZLE-HASKINS UNITED STATES MAGISTRATE JUDGE.
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
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
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
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.
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.
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.
asks for sanctions under Federal Rule of Civil Procedure 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