Sanctions — Requiring Attorney to Notify any Court within Circuit before Which He Appears in Next Year of Sanctions Imposed in This Case — Leaving Open Other Remedies If Monetary Sanction Not Paid within 60 Days

From Gallop v. Cheney, 2011 U.S. App. LEXIS 20862 (2d Cir. Oct. 14, 2011) — imposing sanctions under § 1927, Rule 38, and the inherent power of the Court:

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(2) Gallop [client] is hereby ADMONISHED that the submission of future frivolous filings may result in sanctions.

(3) Dennis Cunningham, Mustapha Ndanusa, and William Veale [counsel] are hereby ORDERED to pay the government double costs in addition to damages in the amount of $15,000, for which they are jointly and severally liable, within 60 days of the date of entry of this order.

(4) It is further ORDERED that (i) unless such payment is timely made, attorneys Dennis Cunningham, Mustapha Ndanusa, and William Veale shall be required to request leave from this Court before filing any papers with the Clerk of our Court or the clerks of any court within this Circuit; (ii) within 24 hours of receipt of the $15,000 penalty imposed on Gallop's counsel, the government shall submit an affidavit to this Court confirming its receipt of such payment; and (iii) if no payment is made within 60 days of the date of entry of this order, the government shall promptly so certify to this Court, along with a statement regarding additional remedies that may be available under the circumstances.

(5) William Veale is hereby ORDERED, for a period of one year from the date of entry of this order, to provide notice of the sanctions imposed upon him in this case to any court within this Circuit before which he appears, or seeks to appear. Failure to comply with this order may result in additional sanctions.

(6) Dennis Cunningham is hereby ORDERED to show cause in writing within 30 days from the date of entry of this order why he should not be separately sanctioned by being required to provide appropriate notice to any court within this Circuit before which he appears, or seeks to appear, of the sanctions imposed against him in connection with this appeal.

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