MOTION OF DEFENDANTS FOR RULE 11 SANCTIONS

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
AWARE WOMAN V RANEY
DOCKET / CHRONOLOGICAL FILE
MOTION OF DEFENDANTS FOR RULE 11 SANCTIONS

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No.: 99-05-CV-ORL-19

AWARE WOMEN'S CENTER, INC.,
et al.,
Plaintiffs,
vs.
MEREDITH T. RANEY, et al.,
Defendants.

MOTION OF DEFENDANTS MEREDITH T. RANEY, WILLIAM L. LESTOURGEON, ALAN LESTOURGEON, ANNE BLACKBURN, LUTHER V. LAITE, III, PATRICIA ("PAT") MCEWEN, DOLLY EDWARDS, RICHARD DEAN, ALLAN MUNROE AND NORMA MUNROE FOR RULE 11 SANCTIONS WITH INCORPORATED MEMORANDUM OF LAW

COME NOW the Defendants, MEREDITH T. RANEY, WILLIAM L. LESTOURGEON, ALAN LESTOURGEON, ANNE BLACKBURN, LUTHER V. LAITE, III, PATRICIA ("PAT") MCEWEN, DOLLY EDWARDS, RICHARD DEAN, ALLAN MUNROE and NORMA MUNROE, by and through their undersigned counsel, pursuant to Rule 11 of the Federal Rules of Civil Procedure, and move this Honorable Court for an Order striking Plaintiffs' document titled AWCC Memorandum in Opposition to Motion to Dismiss on Service Grounds Filed by Defendant Raney and Nine Others and grant attorneys' fees and costs for pursuing this motion, and in support thereof would state as follows:

1. On January 4, 1999, the Plaintiffs filed the complaint in this case.
2. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the Plaintiffs are required to serve the summons and complaint upon Defendants within one hundred and twenty (120) days of filing the complaint.
3. The deadline to serve the summons and complaint was May 4, 1999.
4. The Court's docket sheet dated April 30, 1999, reveals that Plaintiffs had not even requested that summons be issued for Defendants MEREDITH T. RANEY, WILLIAM L. LESTOURGEON, ALAN LESTOURGEON, ANNE BLACKBURN, LUTHER V. LAITE, III, PATRICIA ("PAT") MCEWEN, DOLLY EDWARDS, RICHARD DEAN, ALLAN MUNROE and NORMA MUNROE. Plaintiffs have made no effort whatsoever to serve a summons upon Defendants MEREDITH T. RANEY, WILLIAM L. LESTOURGEON, ALAN LESTOURGEON, ANNE BLACKBURN, LUTHER V. LAITE, III, PATRICIA ("PAT") MCEWEN, DOLLY EDWARDS, RICHARD DEAN, ALLAN MUNROE and NORMA MUNROE.
5. As of the filing of the herein named Defendants' Motion to Dismiss for Failure to Serve Summons and Complaint, Plaintiffs had not served any summons upon Defendants MEREDITH T. RANEY, WILLIAM L. LESTOURGEON, ALAN LESTOURGEON, ANNE BLACKBURN, LUTHER V. LAITE, III, PATRICIA ("PAT") MCEWEN, DOLLY EDWARDS, RICHARD DEAN, ALLAN MUNROE and NORMA MUNROE.
6. Pursuant to Local Rule 3.01(g), counsel for the Defendants named herein has conferred with counsel for the Plaintiffs. Plaintiffs object to the motion. Additionally, pursuant to Rule 11, Defendants' counsel sent a letter dated June 8, 1999, (attached as Exhibit "1") to Plaintiffs' counsel informing them of this impending motion and requesting withdrawal of the offending document. As of the filing of this Motion for Rule 11 Sanction, Plaintiffs have refused to withdraw the offending document.
7. The Defendants named herein who have not been served do not, by entering this motion, waive service of process or any other defense based upon service of process and/or jurisdiction.

MEMORANDUM OF LAW

Federal Rule of Civil Procedure 11(b) reads:

Representations to Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,--

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, "If service of the summons and complaint is not made upon a defendant within 120 days after filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period." The complaint was filed by Plaintiffs on January 4, 1999. The deadline to serve the summons and complaint was May 4, 1999.

Plaintiffs' AWCC Memorandum in Opposition to Motion to Dismiss on Service Grounds Filed by Defendant Raney and Nine Others contains several misstatements of fact. Specifically, Mr. LeStourgeon and Ms. McEwen have never been served the Complaint and Summons. The Affidavits of Service attached to the Memorandum are either grossly inaccurate or falsified. The Court's Docket Sheet does not reflect any Summons ever being issued for Mr. LeStourgeon or Ms. McEwen. Therefore, the Affidavits of Service cannot possibly be accurate. As for Mr. Raney, Plaintiffs falsely state that Mr. Raney is avoiding service. In fact, Mr. Raney has been at his home for several extended periods of time and the undersigned has personally spoken to Mr. Raney at his home phone on several occasions. Plaintiffs' Memorandum does not even attempt to support the alleged avoidance by providing a certificate of attempted service.

As of the filing of the herein named Defendants' Motion to Dismiss, Plaintiffs had not requested that summons be issued or served any summons upon Defendants MEREDITH T. RANEY, WILLIAM L. LESTOURGEON, ALAN LESTOURGEON, ANNE BLACKBURN, LUTHER V. LAITE, III, PATRICIA ("PAT") MCEWEN, DOLLY EDWARDS, RICHARD DEAN, ALLAN MUNROE and NORMA MUNROE.

WHEREFORE Defendants MEREDITH T. RANEY, WILLIAM L. LESTOURGEON, ALAN LESTOURGEON, ANNE BLACKBURN, LUTHER V. LAITE, III, PATRICIA ("PAT") MCEWEN, DOLLY EDWARDS, RICHARD DEAN, ALLAN MUNROE and NORMA MUNROE, hereby move this Honorable Court for an Order striking Plaintiffs' document titled AWCC Memorandum in Opposition to Motion to Dismiss on Service Grounds Filed by Defendant Raney and Nine Others and grant attorneys' fees and costs for pursuing this motion.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served on all parties required to be served on this 18th day of July, 1999, by first class U.S. Mail delivery to:

Plaintiffs' Counsel:
ROY LUCAS
Post Office Box 1433
Melbourne, FL 32902-1433

SCOTT ROST
228 Park Avenue North
Winter Park, FL 32789

Defendants' Counsel:
Brian Fahling, Esq.
American Family Association
100 Parkgate, Suite 2B
P.O. Drawer 2440
Tupelo, MS 38803
(For: Mark Hall)

John P. Marino, Esq.
LeBoeuf, Lamb, Green & McRae
50 North Laura Street
Suite 2800
Jacksonville, FL 32202
(for TML Services, Inc.)

Charles P. Scheeler, Esq.
Piper & Marbury
37 South Charles Street
Baltimore, MD 21201
(For: CompuServe, Inc.)

Frederick H. Nelson
Trial Attorney
Florida Bar No. 0990523
American Liberties Institute
P.O. Box 547503
Orlando, FL 32854-7503
(407) 786-7007 - voice
(407) 786-2705 - fax
Attorney for Defendants
Meredith T. Raney, William L. Lestourgeon, Alan Lestourgeon, John ("Jay") C. Rogers, Anne Blackburn, Luther V. Laite, III, Patricia ("Pat") McEwen, Dolly Edwards, Richard Dean, Cheryl Palmer, Richard Terrill, Allan Munroe and Norma Munroe