Bridges v. Diesel Service, Inc.

1994 U.S. Dist. LEXIS 9429 (E.D. Pa. 1994)

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Nature of the Case

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Facts

Bridges (P) brought an action against Diesel Service, Inc. (D) under the American Disabilities Act 42 U.S.C. Section 12101. P claimed D violated the ADA by terminating his employment. The ADA requires that a party exhaust all administrative remedies before filing a complaint. P did not do this and failed to file a complaint with the EEOC as required under the ADA. That complaint was dismissed by the trial court because P failed to exhaust the administrative remedies by not filing a complaint with the Equal Employment Opportunities Commission until after he commenced the present action. D then moved for sanctions under Rule 11. D claimed a violation of Rule 11(b)(2). When an attorney brings a complaint before a court they are certifying that to the attorney’s best knowledge, information and belief, formed after a reasonable inquiry, that the claims presented as warranted under existing law. A court has the discretion to award sanctions under Rule 11(c). That motion was denied.