IN THE UNITED STATES COURT 4F APPEALS

FOR THE ELEVENTH CIRCUIT

IMM IN CLERKS OFFICE - --..z
i1 R
!1& COURT Of APPEAL
SEP 2 8 7nn4 91MUR C3RMld

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04-13959-B f ~ 2004
..~ . . . . . :. :w :.. ,:. ., .
'THOMAS K. KMN
CLERK
11 . RE :

ARTHUR ALAN WOLK,

Petitioner.

-------------------------

On Petition for Writ of Mandamus to the

United States District Court for the
Northern District of Georgia
--------------------------

BEFORE : TJOFLAT, ANDERSON, and WILSON, Circuit Judges .

BY THE COURT:

The "Petition for Writ of Mandamus" is DENIED .

The "Motion for Leave to File Petition for Writ of Mandamus, and All Motions

or Pleadings Pertaining Thereto, Under Seal" is DENIED .

The "Motion for Leave to Amend Mandamus Petition and Motion fox Leave

to Exceed page Limit" is DENIED .

 Respondent's motion for monetary sanctions against Petitioner for filing a

frivolous motion, based on Petitioner's filing of a motion to seal this appeal which

failed to disclose that the Court has previously denied a substantially similar motion

to seal in Appeal No . 04-11490, Petitioner's previous mandamus petition arising from

these same proceedings, is GRANTED as to entitlement .

Respondent's motion for sanctions against Petitioner for filing a frivolous

motion to amend his mandamus petition and to exceed the page limit is GRANTED

as to entitlement, as nothing in the motion to amend explains why Petitioner failed

to include the constitutional argument in his original petition .

With respect to Respondent's entitlement to sanctions against Petitioner,

Respondent may file an application for appellate attorney's fees which comports with

11th Cir. R. 39-2 within fourteen (14) days of the date of entry of this order.

In addition, Petitioner is ORDERED TO SHOW CAUSE within fourteen (14)

days of the date of entry of this order why he should not be sanctioned for (i) failing

to disclose in his current filings the existence of Appeal No. 04-11490, as well as the

Court's disposition thereof; (ii) repeatedly asserting in his filings that he was not the

attorney handling Ta for v. Teled e, even though the district court docket reflects

his apparent status as lead plaintiffs counsel in that case ; (iii) failing to support the

allegations in his mandamus petition with specific citations to the record ; and {iv} for
 making unsubstantiated and demeaning accusations against Respondent and its

counsels in his reply in support of his motion to amend his mandamus petition .

1 A federal court has the inherent authority to sanction a lawyer appearing

before it
who engages in bad faith conduct. See, Thomas v. Tenneco Packaging Co . . Inc ., 293
F .3d 1306, 1320 (11 th Cir. 2002) . "Case law is replete with instances
where an attorney has
been sanctioned for his or her own unsubstantiated accusations and
demeaning,
condescending, and harassing comments directed at opposing counsel."
Id. at 1325
(citations omitted).

-3-
 United States Court of Appeals
RECEINT"i=S OWE Eleventh Circuit
¬~° :~ `' - nga 56 Forsyth Street, N.W .
Atlanta, Georgia 30303
Thomas K. Kahn Far rules and forms visit
Clerk FFP 2 8 2004 www.cal1.uscourts.gov
rk September 27, 2004
AnL ::k
MEMOR.AND TO COUNSEL OR PARTIES

Appeal Number : 04-13959-B

Case Style : In Re: Arthur Alan Wolk
District Court Number: 00-01741 CV-JEC-1

The following action has been taken in the referenced case :

The enclosed order has been ENTERED.

Sincerely,

THOMAS K. KAHN, Clerk

Reply To: Dwight Briggs {404} 335-61$1

MOT-2 (03-2004)
` RECEIVED !N CLERK'S OFFICE

SEP 2 8 2004
Wni
~-

Luther D. Thomas
Clerk, U.S . District Court
75 Spring St., Room 2211
Atlanta GA 34303

September 27, 2004

Appeal Number : 04-13959-B

Case Style : In Re: Arthur Alan Wolk
District Court Number: 00-01741 CV-JEC-1

CC: Arthur Alan Wolk

CC: Luther D. Thomas

CC: Henry R. Chalmers

CC: Robert Leonard Rothman

CC: John Kevin Griffin

CC: Timothy L. Alger

CC: Mary S. Thomas

CC: Gerald Phillip Ruleman

CC: Lauren G. Danielson

CC: David E . Azar

CC: John B. Quinn

CC: Laura W. Speed-Dalton

CC: Jason T. Sehneider

CC: Philip J. Ford

CC: 3. David Hopkins, III

CC: Thomas T. Strueber

CC: Corliss S. Lawson

CC: Christopher Baker Hall

CC: William Bradley Hill, Jr.

CC: Hon. Julie E. Carnes

CC: Administrative File