Magistrate Judge Judith McCarthy
In its March 1, 2017 decision in Estate of Shaw v. Marcus (Shaw I) the court partly granted defendants’ (Shaw Family) motion to sanction attorney Adams, formerly counsel to plaintiffs Estate of Larry Shaw and Susan Shaw. In opposition to the Shaw Family’s omnibus motion seeking sanctions in the amount of $38,714 in attorney’s fees and $2,570.57 in costs, Adams asserted explicit claims of financial hardship and provided documentation supporting his claim that his sanctioned behavior was caused by ill health. Although Adams’ new claims of ill health and financial hardship did not change the court’s prior decision to impose sanctions on him, they did support Adams’ request that the court temper the monetary award against him. The court was persuaded that Adams’ performance was impaired by his medical condition and thus, should be considered when calculating sanctions. Adams’ declaration that he had “negative income” in 2015 and 2016 further persuaded the court to temper the amount of the award against him. Thus, with respect to the Shaw Family’s omnibus sanctions motion the court awarded sanctions against Adams in the amount of $3,000, which it deemed sufficient to deter repetition of his delinquent conduct.