Judge Arthur Spatt

Yamaha removed Mahoney’s state court action alleging that his motorcycle flipped and crashed as a result of an engine stall related to a 2006 recall notice. Both before and after the action’s removal, Mahoney’s lawyer Bhukta—a member of the law firm The Law Offices of Anthony C. Donofrio— either ignored or did not timely respond to court orders governing discovery. Although district court granted Bhukta’s motion to be relieved as counsel—on the basis of multiple misrepresentations and half-truths by Mahoney and the unlikelihood of success if the matter were not continued—it reserved decision on Yamaha’s cross-motion for attorney fees and costs. The court found that—despite notice and opportunity to be heard—Bhukta repeatedly disobeyed a scheduling order and other court orders absent justification, thereby violating Federal Rules of Civil Procedure 16(f) and 37(b)(2). As a result the court found no issue with imposing monetary sanctions on Bhukta. Noting Bhukta’s inexperience and significant law school debt—and evidence suggesting that Bhukta did not act in bad faith—the court, citing Uretsky v. Acme Am. Repairs, sanctioned the Donofrio law firm $3,500 as a result of Bhukta’s behavior.