United States Second Circuit

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Wilson v. Citigroup, N.A., 11-5085

In plaintiff's suit against various defendants alleging that he was wrongfully denied participation and the distribution of large profits from an investment strategy and portfolio in Brazilian companies, district court's order requiring plaintiff to pay attorney's fees and costs as a sanction for filing opposing papers to defendants' motion to dismiss four days late, despite the fact that plaintiff submitted a timely request for an extension of the filing deadline that the court later determined was supported by good cause, is reversed where the district court abused its discretion by imposing a sanction of attorney's fees without explicitly finding that plaintiff acted in bad faith, and by sanctioning plaintiff without affording the attorneys prior notice and an opportunity to be heard.

Appellate Information

  • Decided 12/26/2012
  • Published 12/26/2012

Judges

Court

  • United States Second Circuit

Counsel