Lafayette v. Basketball (2024)

Case details
Full caption
Robert Lafayette v. Blueprint Basketball et al
Country
United States
Jurisdiction
Vermont (VT)
Court
Vermont Supreme Court
Decided
2024
Vermont Superior Court Filed 04/26 24 Chittenden nit VERMONT SUPERIOR COURT ”a"? 541 CIVIL DIVISION Chittenden Unit Case No. 23—CV—05000 175 Main Street, PO Box 187 Burlington VT 05402 802-863-3467 www.verrnontjudiciary.org Robert Lafayette v. Blueprint Basketball et al ORDER TO SHOW CAUSE On March 26, Mr. Lafayette was ordered “to file copies of two cases he cites, Pavlovich V. National Life Insurance ComDanV (VT, 2010) and State V. Dalco Electric. Inc. (VT, 2015), within seven days, with simultaneous copies to counsel.” He did not do so. This suggests that the cases do not exist. Making false representations to the court is a clear violation of Rule 11. V.R.C.P. 11(b). That rule applies to unrepresented parties as well as lawyers. V.R.C.P. 11(b). Such actions also led the court and counsel to waste time seeking the cases, an effort that wasted time and may have cost defendants additional attorney’s fees or on-line research costs. Defendants have also requested that the court sanction Mr. Lafayette for his repeated filings against them.1 A party who files papers for an improper purpose such as to harass others or cause them unnecessary litigation expense, or files papers that are not “warranted by existing law” or supported by evidence, may be sanctioned by the court V R C P 11(b) and (c). Here, Mr. Lafayette may be subject to sanctions for the repeated filings he has made against some of the same defendants he names here. See Docket Nos. 23-CV-1690, 23-CV- 1709, 23-CV-1950, 23-CV2970. Like this one, each of those cases has been dismissed, either 1 While they have not made the formal motion required by Rule 11, they ask the court to act pursuant to Rule 11(c)(1(B). The court deems that appropriate here. Order Page 1 of 2 23—CV—05000 Robert Lafayette v. Blueprint Basketball et al
for failure to comply with a court order, no proof of service, or as lacking any valid claim. Lafayette has made similar filings in federal court. Lafavette v. Burlington School District, N0. 2:23-cv—167; Lafavette V. Blueprint Basketball, No. 2:23-cv-631. Those cases, too, were dismissed by the court for failure to state a valid claim. The pattern here suggest an attempt to harass defendants and cause them unnecessary legal fees. Mr. Lafayette is ordered to appear in person on 7/8/2024 at 9:00 am to show cause why the court should not (1) sanction him financially for citing cases that apparently do not exist, and (2) sanction him for his repeated filings against the same defendants by limiting his ability to file new cases in this court—either by requiring pre- filing review by a judge or by requiring that he be represented by counsel. All parties may present evidence at the hearing. Electronically signed on April 26, 2024 pursuant to V.R.E.F. 9(d). fielen M. Too-r Superior Court Judge: Order Page 2 of 2 23—CV-05000 Robert Lafayette v. Blueprint Basketball et al
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