Smith v. Verra Mobility Corp., No. 8:25-cv-2300-KKM-NHA (2026)

Case details
Full caption
Richard Paul Smith v. Verra Mobility Corporation et al.
Country
United States
Jurisdiction
Federal
Decided
2026
RICHARD PAUL SMITH, individually and on behalf of others..., Slip Copy (2026) © 2026 Thomson Reuters. No claim to original U.S. Government Works.12026 WL 1197241Only the Westlaw citation is currently available.United States District Court, M.D. Florida.RICHARD PAUL SMITH, individually andon behalf of others similarly situated, Plaintiff,v.VERRA MOBILITYCORPORATION et al., Defendants.Case No. 8:25-cv-2300-KKM-NHA|05/01/2026ORDER*1 On April 28, 2026, I ordered lead counsel for the SchoolBoard of Polk County, Jeffrey Sullivan, to show cause as towhy he should not be referred to the Florida Bar or otherwisesanctioned under Federal Rule of Civil Procedure 11 for filinga motion to dismiss that included several misrepresentationsof caselaw and citations to non-existent cases. See Order(Doc. 48) at 32–33, 41.Sullivan timely responded and “does not dispute the errorsidentified in the Order.” Resp. (Doc. 50) at 2. Sullivanacknowledges that he used artificial intelligence tools,including ChatGPT, to research and draft the School Board'smotion to dismiss. See id. at 2–3. He admits that he did not“complete an independent verification of each citation beforefiling and did not realize at the time that the cited authoritieswere inaccurate or unsupported.” Id. at 3. Sullivan acceptsfull responsibility for the errors and does not attribute them tothe School Board or anyone else. Id. Finally, Sullivan seeksto withdraw the erroneous citations and representations, andhe outlines his plan going forward “to ensure that every citedauthority is personally reviewed, accurately described, andindependently verified before filing.” Resp. at 5.Rule 11(b)(2) provides that by presenting to the court a“written motion,” the attorney certifies “to the best of[his] knowledge, information, and belief, formed after aninquiry reasonable under the circumstances,” that “the claims,defenses, and other legal contentions are warranted byexisting law or by a nonfrivolous argument for extending,modifying, or reversing existing law or for establishing newlaw.” On its own initiative, a court may impose an appropriatesanction on an attorney who violates Rule 11(b). See FED.R. CIV. P. 11(c)(1), (3). “The initiating court must employ(1) a ‘show-cause’ order to provide notice and an opportunityto be heard; and (2) a higher standard (‘akin to contempt’)than in the case of party-initiated sanctions.” Kaplan v.DaimlerChrysler, A.G., 331 F.3d 1251, 1255 (11th Cir. 2003).Upon review of Sullivan's response, I find that minimalsanctions are appropriate here. As Sullivan rightlyacknowledges, the use of artificial intelligence does notalter or minimize his duties to the Court under Rule 11,nor the separate duties owed to his client. By negligentlyfailing to verify multiple authorities cited in his motion todismiss, Sullivan violated his duty to ensure that all legalcontentions in his motion were supported by existing law. Atthe same time, the Court recognizes Sullivan's immediate andunqualified acceptance of responsibility, as well as his plan toimplement corrective measures in using artificial intelligencemoving forward. Based on the full circumstances, the mostfitting sanction is requiring Sullivan to inform his client ofthis occurrence. Accordingly, it is ORDERED:1. No later than May 5, 2026, Attorney Jeffrey Sullivan isORDERED to provide his client, the School Board of PolkCounty, with a copy of the Court's Order to Show Cause(Doc. 48), Sullivan's Response (Doc. 50), and this Order(Doc. 51).*2 2. No later than May 6, 2026, Sullivan shall providenotice to the Court that he has complied with the abovedirective. ORDERED in Tampa, Florida, on May 1, 2026.All CitationsSlip Copy, 2026 WL 1197241End of Document© 2026 Thomson Reuters. No claim to original U.S. Government Works.
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