1:23-cv-01365•Yoder et al v. Conaway Racing & Trucking, LLC et al
Texte intégral
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JACOB YODER, et al., * Plaintiffs, * v. * Civil Action No. LKG-23-1365 CONAWAY RACING & TRUCKING, * LLC, et al., * Defendants. * MEMORANDUM OPINION Plaintiffs Jacob Yoder, Shawn Yoder, and Natasha Yoder assert negligence claims arising from a motor vehicle accident against Defendants Conaway Racing & Trucking LLC (Conaway) and Aaron J. Pacheco (collectively, Conaway Defendants); Builders FirstSource, Inc.; Builders FirstSource Atlantic Group LLC; and ProBuild Company LLC doing business as Builders FirstSource (collectively, BFS Defendants); and seek damages, costs, and interest.1 ECF No. 52. On June 11, 2024, the Honorable Lydia Kay Griggsby referred this action to the undersigned for all discovery matters pursuant to 28 U.S.C. § 636. ECF No. 87. As relevant here, pending before the Court .2 ECF No. 149. The motion is 1 Plaintiffs initially filed this action in the Court of Common Pleas of the Commonwealth of Pennsylvania, County of Philadelphia on July 29, 2022. ECF Nos. 1 ¶ 2; 1-3. On September 13, 2022, Defendants Builders FirstSource, Inc., Builders FirstSource Atlantic Group LLC, and ProBuild Company LLC doing business as Builders FirstSource (collectively, BFS Defendants) removed the case to the United States District Court for the Eastern District of Pennsylvania on the basis of diversity jurisdiction. ECF No. 1 ¶¶ 10 23. On May 22, 2023, the United States District Court for the Eastern District of Pennsylvania transferred the case to this District pursuant to 28 U.S.C. § 1404(a). ECF No. 33. 2 liability expert (ECF No. 123) and for summary judgment (ECF No. 124), which are not fully briefed and have been held in abeyance pending resolution of the instant motion for sanctions. ECF No. 132. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 1 of 26
2 fully briefed.3 ECF Nos. 150 151. A motion hearing was held on January 20, 2026 (ECF No. 159), and the parties filed 160 161, 163). For the reasons set forth below, the motion is granted in part and denied in part. I. BACKGROUND A. Factual Allegations and Claims4 motor vehicle accident that occurred in Cecil County, Maryland, on October 2, 2020. ECF No. 52 ¶¶ 74 76. Plaintiffs allege that BFS Defendants hired Conaway Defendants to transport building materials. Id. at ¶ 38. BFS Defendants are entities involved in the trucking business. Id. at ¶¶ 7 3 On January 19, 2026 a date on which the courthouse was closed in observance of the Martin Luther King, Jr. holiday No. 158. The undersigned has not considered this filing, which is an unauthorized surreply. on December 26, 2025, BFS Defendants had ample time to seek leave to file additional materials with the Court. ECF No. 151. unapproved attempt to put forward new information and argument less than 24 hours before the scheduled motion hearing on a date when the courthouse was closed. The undersigned further notes that BFS Defendants filed a similar eleventh-hour (ECF No. 135) at 5:51 pm on the evening before the September 24, 2025 status conference (ECF No. 136). This practice of filing supplemental documents mere hours before a court proceeding is unfair and prejudicial because it deprives opposing parties and their counsel of a meaningful opportunity to object and/or respond. Such a practice also works a disservice both to the Court and to the opposing parties and their counsel and ultimately BFS Defendants because it creates unnecessary time pressures and significantly reduces the opportunity for meaningful review. expressly prohibit last-minute filings. Local Rule 105.2(b) (D. Md. Dec. 1, 2025) ( In no event, unless otherwise ordered by the Court, is any memorandum to be filed after 4:00 p.m. on the afternoon before the last business day preceding the day on which the proceeding to which the memorandum relates is to be held. For example, a memorandum relating to a proceeding to be held on a Monday must be filed by 4:00 p.m. the ). BFS Defendants and their counsel are forewarned that any similarly tardy and unsolicited filings will not be received favorably. 4 The factual allegations are drawn from the Amended Complaint. ECF No. 52. The undersigned takes no position on the veracity of the factual allegations, which are contested, and offers this summary solely for the purpose of contextualizing the pending dispute. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 2 of 26
3 for- Id. at ¶ 11. Conaway assigned Mr. Pacheco to transport the building materials using a tractor cab and flatbed trailer. Id. at ¶ 40. On the date of the occurrence, while driving eastbound on Peninsula Drive, Mr. Pacheco allegedly disregarded a stop sign, failed to yield, entered the southbound traffic on North East Road, and collided with the vehicle Jacob Yoder was operating. Id. at ¶¶ 74 76. Plaintiffs aver that as a result of the collision, Mr. Yoder manent injuries to his brain, skull, musculoskeletal system, vascular system, and nervous system; he also sustained severe and permanent injuries to the bones, muscles, tendons, ligaments, nerves and tissues to his body, Id. at ¶¶ 77 78. Plaintiffs contend that Mr. Pacheco was unfit to operate a tractor trailer and that Conaway and BFS Defendants were negligent in hiring him. Id. at ¶¶ 84 97. The Amended Complaint pleads five counts. ECF No. 52. Under Maryland law, Plaintiffs assert a negligence claim against all Defendants (Count I) (id. at ¶¶ 100 103); a negligent hiring and retention claim against BFS Defendants (Count II) (id. at ¶¶ 104 110); a negligent hiring, retention, and supervision claim against Conaway and BFS Defendants (Count III) (id. at ¶¶ 111 117); negligent entrustment claims against Conaway and BFS Defendants (Counts IV and V) (id. at ¶¶ 118 124 and ¶¶ 125 131); and civil aiding and abetting against BFS Defendants (Count VI) (id. at ¶¶ 132 137). Plaintiffs also seek pecuniary damages (Count VII). Id. at ¶¶ 171 172. As relevant here, in Count II, Plaintiffs allege that BFS Defendants had a duty to ensure U.S. Department of Transportation and . . . had the minimum insurance required by the Federal Motor Carrier Safety regulations for the benefit of the motoring public, including the required insurance for the tractor trailer Mr. Pacheco operated on the date of the occurrence. Id. at ¶ 106. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 3 of 26
4 Plaintiffs assert that Mr. Pacheco and the tractor trailer he operated on the date of the occurrence were uninsured. Id. at ¶ 48. Plaintiffs also contend that BFS Defendants did not undertake appropriate due diligence to ensure that Conaway and Mr. Pacheco would safely transport the Id. at ¶ 60; see also id. at ¶¶ 55 61, 64 68. Plaint 2, 2020, did [ ] Pacheco or the vehicle he operated (id. at ¶ 69 id. at ¶ 108). B. Relevant Procedural History On July 10, 2025, BFS Defendants moved for summary judgment. ECF No. 124. In their statement of undisputed material facts, BFS Defendants assert that they ECF No. 124-3 ¶ 26 (Ex. 2; Ex. 10). In their memorandum of law in support of summary judgment, BFS Defendants argue, among other things, that they had confirmed that Conaway was properly insured. ECF No. 124-4 at 3.5 BFS Defendants further assert that they are entitled because, among other reasons, Conaway had insurance coverage at the time of the occurrence.6 Id. at 10; see also ECF No. 124-7 at 14. 5 Case Management/Electronic Case Files (CM/ECF) system printed at the top of the cited document, except that page numbers of filings that are transcripts refer to the page and line number of the transcript. 6 The BFS Defendants further argue that even if there was -4 at 10. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 4 of 26
5 On July 23, 2025, Plaintiffs filed a notice of intent to file a motion for sanctions based on insurance in discovery and in support of their Motion for Summary Judgment. ECF No. 125 at 1. challenged certificate of insurance. ECF No. 129 at 1. On July 30, 2025, Judge Griggsby held a status conference and granted Plaintiffs leave to file a motion for sanctions, referred said motion to a United States Magistrate Judge for resolution, and held in abeyance the motions for summary judgment (ECF No. 124) and to strike expert testimony (ECF No. 123) (ECF No. 132). Thereafter, the undersigned held a status conference and set deadlines for limited discovery related to the authenticity of the August 28, 2020 certificate of insurance. ECF Nos. 136 137. BFS Defendants subsequently sought leave to take additional discovery and to extend motion for sanctions. ECF Nos. 138, 142. Ultimately, Plaintiffs moved for sanctions on December 5, 2025. ECF No. 149. Once the motion was fully briefed, the undersigned heard oral argument on January 20, 2026. ECF No. 159. Following the motion hearing, the undersigned permitted the parties to submit further briefing on the issue of (ECF No. 160), which they filed on January 28, 2026, and February 4, 2026. (ECF Nos. 161, 163). II. DISCUSSION The instant motion raises two discrete questions: (1) whether the certificate of insurance at issue is fraudulent; and, if so, (2) what sanction, if any, is appropriate. ECF No. 133 at 31:2 7. Each question is addressed in turn below. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 5 of 26
6 A. Authenticity of the Certificate of Insurance The undersigned need not belabor the first inquiry: the August 28, 2020 certificate of insurance was fraudulently altered and is therefore inauthentic. In July 2025, Plaintiffs filed a declaration and affidavit executed by Scott Rovner, the President of Rovner Insurance Group (Rovner), who attested that Rovner did not issue the contested certificate of insurance and that it was fraudulent. ECF No. 125-1 at 14 16. Subsequent discovery on the issue of authenticity confirmed the same. E.g., ECF Nos. 149-2; 149-4. To contextualize discussion of the inauthentic document and the role of a certificate of automobile liability insurance in the instant action, the undersigned notes the following. BFS s FirstSource and Conaway entered into a motor carrier agreement on May 11, 2016. ECF No. 149-6 at 5:14 20, 16:15 21, 24:21 25:1; see also ECF No. 150-19 at 3 7. Pursuant to this agreement, Conaway was required to maintain automobile insurance. ECF Nos. 149-6 at 25:5 16; 150-19 ¶ 10(b). BFS they had verified that Conaway did not have the required automobile insurance coverage, they would not have engaged Conaway to transport the October 2, 2020 load. ECF No. 149-6 at 74:6 16. J.S. Braddock Agency (Braddock) issued a certificate of insurance on February 13, 2020, which documented, among other things, that Conaway had an automobile liability policy effective through August 15, 2020. ECF No. 150-22. Patrick Montgomery was the contact person listed on this certificate of insurance. Id. At the time, Mr. Montgomery was an employee of Braddock. ECF No. 149-7 at 7:7 13. Braddock issued another certificate of insurance on August 27, 2020, which did not include an automobile liability policy. ECF No. 156-11. Mr. Montgomery was listed as the contact person for this certificate of insurance as well. Id. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 6 of 26
7 Plaintiffs retained an expert who prepared a report dated October 11, 2024, in which the expert noted that Cona -4 at 9. The expert further opined that if they had Id. The expert concluded, in relevant part, that BFS Defendants 7 Id. at 10 11. Under the Second Amended Scheduling Order, discovery closed on December 20, 2024. ECF No. 98. Plaintiffs assert that on December 17, 2024, BFS Defendants produced a previously undisclosed document that purports to be a certificate of insurance dated August 28, 2020. ECF Nos. 149 at 6, 149-1 at 2. This certificate of insurance indicated that it had been issued by Rovner and purported to document that Conaway had automobile insurance effective March 21, 2020, through March 21, 2021.8 ECF No. 149-1 at 2. This document identifies Mr. Rovner as the contact person. Id. 7 The undersigned offers no assessment of which are contested, or whether the expert is appropriately designated, which is the subject of observations and opinions is included here not for the truth of the matter asserted, but rather to contextualize production of the August 28, 2020 certificate of insurance at issue in the instant motion for sanctions. It should also be noted that BFS Defendants retained an expert, who -8. 8 his December 17, 2024 deposition that he did not engage Rovner Insurance Group (Rovner). ECF No. 150-21 at 72:7 9. Instead, J.S. Braddock Agency (Braddock) engaged Rovner for reasons for which Mr. Conaway was not aware. Id. at 72:11 13. designee, Timothy Latimer, testified that Rovner was engaged because Braddock had a -4 at 6:12 22; see also id. at 9:15 22, 12:6 9. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 7 of 26
8 Mr. Rovner testified his November 7, 2025 deposition that his office sent a certificate of insurance to Mr. Montgomery, at his request. ECF No. 149-2 at 6:2 5, 13:10 14:12; see also ECF Nos. 150-26; 150-28. He further testified that the certificate of insurance his office sent to Mr. Montgomery after-the-fact. ECF No. 149-2 at 16:16. For example, Id. at 17:4 9; see also id. at 23:10 24:3. Further, another portion of the text appeared to have been cut and pasted into the document. Id. at 17:9 14. Mr. Rovner did not know who had altered the certificate, although he suspected that it had been Mr. Montgomery because Rovner had sent it to Mr. altered. Id. at 16:16, 17:24 18:2. Mr. Rovner did not direct Mr. Montgomery to alter the document and was not aware that anyone else had done so. Id. at 18:6 11. Id. at 22:18 21. Timothy Latimer, Vice-President of Braddock, testified at a deposition also taken on November 7, 2025, that Mr. Montgomery had previously told him on September 3, 2025, that he had altered the certificate of insurance at issue, although Mr. Latimer did not know why. ECF No. 149-4 at 6:1 4, 18:8 23. Mr. Latimer further testified that no one at Braddock knew that [of insurance] Id. at 19:7 8. Mr. Montgomery altered the certificate of insurance while he was working for Braddock, but he did so without permission and outside the scope of his employment. Id. at 8:16 9:4. Mr. Latimer did not direct Mr. Montgomery to alter the certificate and did not know whether anyone else did. Id. at 20:2 5. After learning of the alteration, Braddock suspended Mr. Montgomery pending an investigation. Id. at 25:19 23, 26:8 9. The investigation revealed that Mr. Montgomery had altered the certificate of insurance outside the scope of his Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 8 of 26
9 employment. Id. at 26:13 19. Mr. Montgomery resigned before Braddock could terminate his employment. Id. at 26:20 21. Ultimately, Mr. Latimer testified that the certificate of insurance Id. at 28:3 5, 11 12. Mr. Montgomery sat for a deposition on November 19, 2025, at which time he invoked his right against self-incrimination pursuant to the Fifth Amendment of the United States Constitution when asked about the August 28, 2020 certificate of insurance. ECF No. 149-7 at 8:16 21, 9:9 13:25, 14:11 23; U.S. Const. amend. V. Neither party has offered any evidence to suggest that the August 28, 2020 certificate of insurance is authentic. The record as a whole establishes that it was, in fact, fraudulently altered. Indeed, counsel for BFS Defendants acknowledged during the January 20, 2026 motion hearing that she has known as much since at least November 7, 2025. ECF No. 159. B. Sanctions The remaining question is what sanction, if any, is appropriate. Plaintiffs initially sought entry of a default judgment against BFS Defendants on Counts II and VI of the Amended Complaint. ECF No. 149 at 20. At the motion hearing, Plaintiffs proffered an array of alternative sanctions, including striking the fraudulent document from the record, making substantive findings regarding liability and other elements of certain claims, instructing the jury on . ECF No. 159. BFS Defendants advanced e.g., that Conaway had automobile liability insurance, that BFS Defendants did not solely rely upon the certificate of insurance in conducting its due diligence, that Plaintiffs should have raised the authenticity issue sooner). Id. statutory authority, as well as Federal Rule of Civil Procedure 37(c)(1)(C). ECF No. 149 at 12. On January 21, 2026, following the motion hearing, the undersigned directed the parties to file Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 9 of 26
10 supplemental briefing addressing whether a sanction was warranted pursuant to Federal Rule of Civil Procedure 11 . ECF Nos. 160 161, 163. The legal framework governing each vehicle for the imposition of sanctions is addressed in turn below. 1. Legal Framework The United States Supreme Court has long recognized that courts of justice possess certain implied or inherent powers, which are necessarily vested in courts to manage their own affairs so as to achieve the orderly and Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) (quoting Link v. Wabash R. Co., 370 U.S. 626, 630-631 (1962)) (internal quotation marks omitted). subject to abuse, it must be exercised with the greatest restraint and caution, and then only to the United States v. Shaffer Equip. Co., 11 F.3d 450, 461 (4th Cir. 1993). Dickens v. Conner, Civil Action No. SAG-23-177, 2024 WL 4135388, at *3 (D. Md. Sept. 10, 2024) (quoting Harvey v. Cable News Network, Inc., 48 F.4th 257, 281 (4th Cir. 2022)). Harvey, 48 F.4th at 276. Beyond this inherent power, Congress has further conferred upon the courts authority to order any attorney who so multiplies the proceedings in any case unreasonably and vexatiously . . . to satisfy personally the excess costs, expenses, and attorneys fees reasonably incurred because of such conduct. 28 U.S.C. § 1927. Sweetland v. Bank of Am. Corp., 241 Fed. Appx. 92, 95 (4th Cir. 2007) (quoting Brubaker v. City of Richmond, 943 F.2d 1363, 1382 n.25 (4th Cir.1991)). Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 10 of 26
11 -faith conduct that Six v. Generations Fed. Credit Union, 891 F.3d 508, 520 (4th Cir. 2018). Because merits, DeBauche v. Trani, 191 F.3d 499, 511 (4th Cir. 1999), it Baker v. Booz Allen Hamilton, Inc., Civil Action No. RWT-06-889, 2008 WL 11425679, at *2 (D. Md. Oct. 31, 2008), , 358 Fed. Appx. 476 (4th Cir. 2009). Merely negligent conduct will not support an imposition of sanctions under 28 U.S.C. § 1927. In re Gould, 77 Fed. Appx. 155, 161 (4th Cir. 2003). Instead, similar to the imposition of sanctions based on inherent authority, a finding of counsel s bad faith. Id. (quoting Chaudhry v. Gallerizzo, 174 F.3d 394, 411 n.14 (4th Cir.1999)). Thus, o impose sanctions under § 1927, the court must find that the attorney acted to multiply the proceedings unreasonably and vexatiously, the attorney acted in bad faith, and that there is a ous multiplication of Boshea v. Compass Mktg., Inc., Civil Action No. ELH-21-309, 2025 WL 3033933, at *14 (D. Md. Oct. 30, 2025) (quoting Six, 891 F.3d at 520). Collins v. Dollar Tree Stores, Inc., No. 2:09CV486, 2010 WL 9499078, at *3 (E.D. Va. May 28, 2010) (quoting Salvin v. 281 Fed. Appx. 222, 225 (4th Cir. 2008)). Although the United States Court of Appeals for the Fourth Circuit Bradley v. Analytical Grammar, Inc., No. 19-CV-249, 2022 WL 2678887, at *3 (E.D.N.C. July 11, 2022) (collecting cases from the United States Courts of Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 11 of 26
12 Appeal for the First, Sixth, Seventh, Tenth, and Eleventh Circuits). O]bjective bad faith does not require a finding of malice or ill will; reckless indifference to the law will qualify. Collins, 2010 WL 9499078, at *3 (quoting Dal Pozzo v. Basic Mach. Co., 463 F.3d 609, 614 (7th Cir. 2006)) (internal quotation marks omitted); accord Coghlan v. Starkey, 852 F.2d 806, 814 (5th Cir. 1988); Reliance Ins. Co. v. Sweeney Corp., Md., 792 F.2d 1137, 1138 (D.C. Cir. 1986). Zaklady Farmaceutyczne Polpharma S.A. v. Kartha Pharms., Inc., No. 3:21-CV-133-MOC-DCK, 2024 WL 203238, at *1 (W.D.N.C. Jan. 18, 2024). Thus, if counsel to be unsound, the conduct is objectively unreasonable and vexatiou Collins, 2010 WL 9499078, at *3 (quoting Dal Pozzo, 463 F.3d at 614); see also United States v. Allergan, Inc., Civil Action No. SAG-17-668, 2024 WL 2882125, at *6 (D. Md. May 30, 2024) (same). Federal Rule of Civil Procedure 11 provides, in pertinent part, that court a pleading, written motion, or other paper whether by signing, filing, submitting, or later advocating it presented for any improper purpose that 9 Fed. R. Civ. P. 11(b)(1), (3). This rule authorizes the court to impose an appropriate sanction following compliance with identified procedural protections. Fed. R. Civ. P. 11(c)(1)-(3). 9 The provisions have always applied to motions and other papers by virtue of incorporation by reference in Rule 7(b)(2). Fed. R. Civ. P. 11, advisory to 1983 amendment. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 12 of 26
13 Fahrenz v. , 850 F.2d 207, 210 (4th Cir. 1988); see also In re Kunstler, 914 F.2d 505, 518 (4th Cir. 1990). reasonable to believe at the time the pleading, motion, or other paper w Miltier v. Downes note to 1983 amendment); see also Brubaker, 943 F.2d at Rule 11). and counsel must ensure that each paper filed has merit in order to avoi Brubaker, 943 F.2d at 1382, n.24. Thus, potential sanctions for insisting upon a position after it is no longer tenable and by generally providing protection against sanctions if they withdraw or correct contentions after a potential violation is called to their attention. Sterling v. Ourisman Chevrolet of Bowie Inc., Civil Action No. PWG-12-3193, 2016 WL 11643614, at *2 (D. Md. Feb. 12, 2016) (quoting Fed. R. Civ. P. 11 advisory committee note to 1993 amendment) (emphasis in original). . . . Neal v. Frayer, Civil Action No. BAH-24-778, 2025 WL 3204710, at *14 (D. Md. Nov. 17, 2025) (quoting Kruglyak v. Home Depot U.S.A., Inc., 774 F. Supp. 3d 767, 769 (W.D. Va. 2025)) (internal quotation marks omitted); see also Fed. R. Civ. P. 11(c)(3). Prior to imposing a sanction, a court must issue a show-cause order or otherwise put the relevant party on notice. Fed. R. Civ. P. 11(c)(1)(B); Lewin v. Cooke, 28 Fed. Appx. 186, 195-196 (4th Cir. 2002) notice, identified the potentially sanctionable conduct, and requested briefing on the issue, Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 13 of 26
14 satisfied the show- potential Rule 11 violation sua sponte. Hunter v. Earthgrains Co. Bakery, 281 F.3d 144, 151 (4th Cir. 2002). Id. at 157. monetary sanctions, although the purpose of such an award varies under each vehicle. A court rty has acted in bad faith, Chambers, 501 U.S. at 45- 1927 is compensatory in nature Six 11, the primary purpose of sanctions against counsel is not to Hunter, 281 F.3d at 151 (quoting In re Kunstler, rather than to compensate, the rule provides that, if a monetary sanction is imposed, it should to 1993 amendment. Prior to imposing a monetary sanction under Section 1927 or Rule 11, a court must E.g., Caseres v. S & R Mgmt. Co., LLC, Civil Action No. AW 12-1358, 2013 WL 5781582, at *2 (D. Md. Oct. 24, 2013) (citing Salvin, 281 Fed. Appx. at 226). The party being sanctioned has the burden to come forward with evidence of an inability to pay. Fidelity & Guar. Life Ins. Co. v. Harrod, Civil Action No. CCB-05-2732, 2008 WL 2246518, at *5 (D. Md. Apr. 15, 2008), aff d sub nom., 334 Fed. Appx. 572 (4th Cir. 2009); see also In re Kunstler, 914 F.2d at 524. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 14 of 26
15 . . . should be treated as reasonably akin to an affirmative defense, with the burden upon the Salvin, 281 Fed. Appx. at 226 (quoting In re Kunstler, 914 F.2d at 524) (alteration in original).10 Finally, there is the issue of the applicable evidentiary standard. The Fourth Circuit has not addressed this issue directly. Six - and-convincing evidence standard might apply to a finding of bad faith before awarding several decisions of this Court have applied the heightened clear and convincing evidentiary standard when evaluating motions for sanctions based on inherent authority, Section 1927, and Rule 11. E.g., Johnson v. , Civil Action No. ELH-19-0698, 2022 WL 9976525, at *36 (D. Md. Oct. 14, 2022); Glynn v. EDO Corp., Civil Action No. JFM-07-1660, 2010 WL 3294347, at *2 (D. Md. Aug. 20, 2010). As a sister court from this Circuit has explained: with caution and discretion, some circuits have held that clear and convincing evidence of bad faith and vexatious behavior is required for a court to exercise its inherent authority to sanction. Although the Fourth Circuit appears not to have addressed the issue, this Court believes it, too, would adopt the clear and convincing evidence standard with regard to the Court s inherent power to sanction. 10 Plaintiffs also move for sanctions pursuant to Federal Rule of Civil Procedure 37(c)(1)(C) provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a ECF No. 149 at 1, 12; Fed. R. Civ. P. 37(c)(1)(C). Subsection (c) of Rule 37, which is Supplement an Earlier Response, or to Admit, addresses the available sanctions for failure to comply with Rule 26(a) and (e), which, in turn, address required initial, expert, and pretrial disclosures, and supplementation of the same. Plaintiffs have not clearly articulated how this rule offers an avenue for the relief they seek. Moreover, Rule 37(c)(1) nondisclosure Southern States Rack and Fixture, Inc. v. Sherwin-Williams Co., 318 F.3d 592, 596 (4th Cir. 2003). Nondisclosure of relevant evidence is not at issue here. The undersigned therefore declines to consider imposition of sanctions pursuant to Rule 37. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 15 of 26
16 Balcar v. Bell & Assocs., LLC, 295 F. Supp. 2d 635, 640 (N.D.W. Va.) (internal citations omitted), , 83 Fed. Appx. 519 (4th Cir. 2003). The undersigned concurs and therefore applies the clear and convincing standard. United States v. Welsh, 564 Fed. Appx. 727, 728 (4th Cir. 2014) (quoting United States v. Antone, 742 F.3d 151, 159 (4th Cir. 2014)). 2. Prior Filings and Proceedings Evaluation of the appropriate sanction, if any, requires a more granular discussion of BFS and filings leading up to resolution of the instant motion, as well as analysis of allegations. In support of their summary judgment motion, BFS Defendants relied on the fraudulent certificate of insurance to establish that Conaway had insurance during the relevant timeframe. ECF Nos. 124; 124-3 ¶ 26 (Ex. 2; Ex. 10); 124-4 at 3, 10. Plaintiffs then filed a notice of intent to move for sanctions based on allegations that BFS Defendants had their summary judgment motion. ECF No. 125-1 at 6. To support their allegations, Plaintiffs relied on the sequence of events regarding production of their expert report and the fraudulent certificate of insurance. ECF No. 125- Plaintiffs filed as proposed exhibits Mr. Rovn March 4, 2025 declaration and affidavit in which he attested that the certificate of insurance appeared to be (or was) a fraudulent document and identified irregularities on the face of the document. ECF No. 125-1 at 14 15. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 16 of 26
17 BFS Defendants argued in their respons that , that the proposed motion for sanctions Mr. . ECF No. 129 at 1, 5. During the July 30, 2025 status conference before Judge Griggsby, counsel for BFS Defendants discussed various exhibits to its response and argued that it was not possible for BFS [Defendants] to have created this document, but rather that it was [ ] a document provided by Patrick Montgomery to Mr. 133 at 14:25 15:3. Id. at 18:8 9; see also id. at 19:1 no question that this [certificate of insurance] is not only legitimate but has been substantiated United States Magistrate Judge, the undersigned held a conference on September 24, 2025, at which time BFS Defendants argued that the undersigned should either deny the motion for sanctions because the certificate of , as Judge Griggsby described it, insurance (ECF No. 133 at 31:11 facilitate resolution of the question of authenticity (ECF No. 137 at 1). The deadline for completion of this limited discovery was November 7, 2025. ECF No. 137 at 2. On October 2, 2025, BFS Defendants sought, and were granted the following day, leave to depose Mr. Montgomery, whose employment with Braddock had concluded. ECF Nos. 138, Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 17 of 26
18 141. On November 7, 2025, BFS Defendants moved for an extension of time to complete the limited discovery because, on the advice of counsel, Mr. Montgomery did not appear for his scheduled deposition that day. ECF No. 142 ¶¶ 15 19. Plaintiffs opposed the request, arguing that the corporate designee depositions of Braddock and Rovner had already established that the 1, 6 8. BFS Defendants argued in reply . . . ECF No. 147 ¶¶ 2, 4. Following briefing of this issue, on November 14, 2025, the undersigned granted BFS Defendants one week to take Mr. No. 148. As noted, Mr. Montgomery invoked his Fifth Amendment right against self- incrimination at the deposition and, thus, did not offer any substantive response regarding alteration of the certificate of insurance. ECF No. 149-7; see also, I.B., supra. With the benefit of the additional limited discovery, Plaintiffs no longer contend that BFS Defendants fabricated the inauthentic document. ECF No. 149. Nor could they. The motive and precise sequence of events surrounding falsification of the certificate remain uncertain, but no evidence has been adduced to support Plaintiffs initial allegation that BFS Defendants and their counsel fraudulently created the inauthentic document. Instead, Plaintiffs now argue that Defendants] and its counsel produced [in discovery], filed, relied upon, and continued to rely upon a fraudulent and objectively illegitimate August rely up Id. at 12. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 18 of 26
19 BFS Defendants the inauthentic certificate and instead representations. ECF No. 150 at 2. Inexplicably, in this same filing, BFS Defendants shy away from categorically identifying the certificate of insurance as fraudulent, while simultaneously attempting to leverage it to their advantage. BFS Defendants argue, for example, [certificate of insurance] even if, for purposes of this motion, it is accepted that Mr. Montgomery altered it improperly after it was issued is nevertheless relevant, probative Id. at 18 (emphasis added); see also id. were themselves deceived with regard to the alterations, although the [certificate of insurance] BFS Defendants persist in their inability (or unwillingness) to appreciate that the authenticity of the certificate of insurance is distinct from the existence (or non-existence) of insurance coverage during the relevant timeframe. Compare ECF No. 133 at 21:10 21, 22:2 10, 23:2 24:17 with ECF No. 150 at 18. 3. Applicable Sanctions BFS Defendants ultimately conceded at the January 20, 2026 motion hearing that the certificate of insurance is fraudulent and should be stricken from the record. ECF No. 159. The undersigned concurs. At minimum, the altered, inauthentic document cannot be considered by As the Fourth Circuit foundation that truth is the object of the sy Shaffer Equip. Co., 11 F.3d at insight into truth, the process depends on the adversarial presentation of evidence . . . and Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 19 of 26
20 argument to reasoned conclusions all directed with unwavering effort to what . . . is believed to Id. the slightest accommodation of deceit or a lack of candor in any material respect quickly erodes the validity Id. Id.; see also Dickens public interest in the integrity of the judicial process is paramount. The public must be able to BFS Defendants and their counsel have undermined the truth-seeking function of the Court through their continued reliance on a document that is indisputably fraudulent in support of their summary judgment motion. Although the fraudulent certificate of insurance appears to have been prepared by another individual (Mr. Montgomery) and not the BFS Defendants themselves as Plaintiffs initially alleged, BFS Defendants nonetheless have sought to reap benefits from the fraudulent document in this action. Importantly, BFS Defendants refused to disavow the fraudulent document for months, and they have yet to file anything with the Court to reflect their position that the document should be stricken from the summary judgment record a position articulated for the fir admission that she had known it was fraudulent for at least 75 days. ECF No. 159. The question is whether any further sanction beyond striking the fraudulent document is warranted. In light of the applicable clear and convincing evidentiary standard and the cautions that permeate precedential case law regarding the imposition of sanctions, the undersigned concludes that they are not. The undersigned begins with sanctions pursuant to 28 U.S.C. § 1927 because sanctions are even more closely guarded. Shaffer Equip. Co. Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 20 of 26
21 As the statutory language makes clear, Section 1927 requires the unreasonable and vexatious multiplication of proceedings as a prerequisite to imposition of any sanction. 28 U.S.C. § 1927. It cannot be said by clear and convincing evidence that BFS Defendants have done so here. BFS Defendants assert that once Plaintiffs raised the issue of the ECF No. 150 at 9. BFS Defendants insurance] at issue, id. at 14, which they correctly was approved by this Court on multiple occasions id.; see also ECF Nos. 137; 141; 146. The undersigned approved BFS he issue of authenticity in light of the contested issues of fact and the severity of the allegations Plaintiffs had levied against BFS Defendants and their counsel. ECF No. 141. BFS Defendants conducted the limited discovery diligently and acted expeditiously to clarify the circumstances surrounding production of the fraudulent document. Although Plaintiffs opposed an extension of the limited discovery to depose Mr. Montgomery, the undersigned does not find it unreasonable that BFS Defendants wanted to question the individual who apparently falsified the document to gain greater clarity surrounding the motive and circumstances surrounding its production. Ultimately, Mr. Montgomery did not add anything of substance, but that does not undercut the validity of the additional discovery or render the conduct of the same unreasonable or vexatious.11 11 The undersigned notes, however, that upon completion of the limited discovery, BFS Defendants and their counsel did not act with the same diligence in connection with the briefing of the instant motion. August 28, 2020 certificate of insurance has in some respects resulted in the unnecessary expenditure of resources by the parties and the Court. Had BFS Defendants simply Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 21 of 26
22 As noted, see II.B.1., supra, Section 1927 sanctions require a showing of bad faith. While the objective bad faith standard is less stringent, it nevertheless requires recklessly indifferent or extremely negligent conduct. Zaklady Farmaceutyczne Polpharma S.A., 2024 WL 203238, at *1. Here, that standard is not satisfied given that there is no evidence that BFS Defendants knew the document was fraudulent when they moved for summary judgment. Further, once s, BFS Defendants undertook reasonable, timely, and court-approved steps to investigate the question of the authenticity. In contrast, cases in which the Fourth Circuit has affirmed an award of sanctions pursuant to Section 1927 involve affirmative steps to advance baseless claims or otherwise delay litigation. E.g., Six -year crusade to suppress the Salvin Sweetland, 241 Fed. Appx. at 97 (counsel pursued claims knowing that they lacked evidentiary support, took affirmative steps to stall discovery, and filed a motion for summary judgment acknowledged in their memorandum of law in opposition to the imposition of sanctions that the certificate of insurance was inauthentic a fact they admit they had known for more than one month at the time of their filing resolution of this motion would have been substantially truncated. Instead, BFS Defendants have continued to muddy the waters by advancing collateral issues, such as whether Conaway was in fact insured regardless of the authenticity of the certificate of insurance, and attempting to leverage the fraudulent document in support of their in this regard is not, however, a sufficient basis upon which to award sanctions pursuant to Section 1927. E.g., DeBauche v. Trani, 191 F.3d 499, 511-512 (4th Cir. 1999) (concluding, as a matter of law, that filing one document cannot be held to have multiplied the proceedings unreasonably and vexatiously); In re Cohen v. Fox, Nos. 94-2652, 95-1008, 1997 WL 577583, at *4, 122 F.3d 1060 (Table) (4th Cir. Sept. 17, 1997) (holding, as a matter of law, - . Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 22 of 26
23 based on unsupported claims); Fahrenz, 850 F.2d at 210 (counsel moved for summary judgment Given that Section 1927 sanctions are not warranted, the same holds true for inherent authority sanctions. Sanford v. Commonwealth of Va., 689 F. Supp. 2d 802, 813 (E.D. Va. 2010), abrogated on other grounds by, McKenzie v. Norfolk S. Ry. Co., 497 Fed. Appx. 305 (4th almost always something more egregious than that . This is especially so here because fraud, deceit, misrepresentation, harassment and unethical conduct, Harvey, 48 F.4th at 281, let alone clear and convincing evidence of the same, e.g., Johnson, 2022 WL 9976525, at *36. The undersigned likewise concludes that Rule 11 sanctions are not appropriate. Plaintiffs their summary judgment motion. ECF No. 149 at 1. Yet, there is no evidence that BFS Defendants knew the certificate was fraudulent at the time they filed their motion. Cf. Dickens, Submitting falsified documents, making untrue statements in a declaration, and then making further false statements as a cover up, is a textbook violation of Rule 11(b). As noted, see II.B., supra, the Court may must instead evaluate the filings at the time of submission. Brubaker, 943 F.2d at 1382; Miltier, To the extent that Plaintiffs argue that BFS Defendants have not corrected the record, it must be noted that Rule 11 does not impose a duty to correct, amend, or supplement. Brubaker, 943 F.2d at 1382; Mann v. Gomez, No. 3:20-CV-820, 2022 WL 2077952, at *8 (E.D. Va. June 9, 2022). Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 23 of 26
24 To be sure, Rule 11 prohibits advocating for a position for which there is no evidentiary support. Fed. R. Civ. P. 11(b)-(c); In re Hudson, 24 Fed. Appx. 153, 154-155 (4th Cir. 2001) upon wage calculations that were shown to be inaccurate and fraudulent in discovery). BFS Defendants have not yet done so, even if they came close to the line with their attempt to argue that the fraudulent document is nonetheless probative of and relevant to disputed issues in the case. ECF No. 150 at 18. Even so there is a distinct difference between an intentional attempt to deceive and an attempt at zealous advocacy that inadvertently Allergan, Inc., 2024 WL 2882125, at *8. It remains to be seen whether BFS Defendants will persist in their attempt to leverage the fraudulent certificate of insurance in connection with the pending motion for summary judgment or other matters related to the substance of the p . The undersigned cautions BFS Defendants and their counsel that doing so may very against advocating for a position that lacks evidentiary support. Fed. R. Civ. P. 11(b)(3). When evaluating the propriety of Rule 11 sanctions against BFS Defendants, it cannot be overlooked that the factual basis underlying Plaintiffs initial allegations against BFS Defendants and their counsel, which called into question their ethics and the candor of counsel, is unclear. supported the inauthenticity of the certificate of insurance, but the allegation that BFS Defendants and their counsel fabricated the certificate did not enjoy the same evidentiary support. Indeed, initial notice relied on nothing more than conclusory assumptions based on the timing and sequence of events, which ultimately were not borne out by the subsequent limited discovery. Just as grave as the submission of a falsified document is an ill-founded accusation of the same. Equal Emp v. Great Steaks, Inc., 667 F.3d 510, 523 (4th Cir. 2012) Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 24 of 26
25 vexatiously multiplied the proceedings). The fact that additional sanctions beyond striking the fraudulent document are not being imposed (or recommended, as to a sanction that would call for dispositive relief) does not equate to a finding that the undersigned condones the actions of BFS Defendants and their counsel. As was made plain during the motion hearing, even if not sanctionable conduct, the undersigned finds it inconceivable that an officer of the court would not seek to immediately correct the record upon learning that an exhibit filed in support of a request for substantive relief from the court was fraudulent. Failure to do so diminishes both the integrity of the tribunal and the The undersigned notes that the Maryland duty to correct the record. In particular, Rule 19-303.3(a) provides, in pertinent part, that an attorney shall not knowingly made to the tribunal by the atto Md. Rule 19-303.3(a)(1). This same rule further provides Id. at 19-303.3(a)(4). To date, counsel for BFS Defendants has yet to correct the existing record or take any remedial measures with respect to the pending summary judgment motion, which is supported in part by a document that BFS Defendants and their counsel know to be fraudulent. The proffered rationale that no filing was warranted because Judge Griggsby has held the summary judgment motion in abeyance pending resolution of the instant motion is unpersuasive. ECF Nos. 150 at 15 16; 159. Recognition of the fraudulent nature of the certificate of insurance is in no way at ECF No. 132. Moreover, it dovetails precisely Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 25 of 26
26 with the one of the substantive questions pending before the undersigned and therefore would have promoted greater efficiency in resolving the instant motion. Consistent with Rule 19- 303.3(a)(1) and (4), BFS Defendants shall correct the record and take any appropriate remedial measures with respect to the fraudulent certificate of insurance, which they tendered to the Court as an exhibit to their pending summary judgment motion. the principle that lawyers, who serve as officers of the court, have the first line task of assuring the Shaffer Equip. Co. Id. While an lorable claims and defenses, the canons of professional McCoy v. Court of Appeals of Wisconsin, Dist. 1 Id. at 440; Six, 891 F.3d at 519 (same). III. CONCLUSION In light of the foregoing, it is hereby ORDERED granted in part and denied in part. A separate Order follows. Date: February 25, 2026 /s/ Erin Aslan United States Magistrate Judge Case 1:23-cv-01365-LKG Document 164 Filed 02/25/26 Page 26 of 26
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.