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Delany v. Canning

May 7, 1997

KEVIN DELANY, BERNARD KRISHER, AND AVELIN P. TACON, III, RESPONDENTS,
v.
JAMES CANNING AND KAREN STEVENSON, PETITIONERS.



J. M. Dolliver, Chief Justice

The opinion of the court was delivered by: Dolliver

ORDER

These matters came before Department One of this court at its May 6, 1997 conference. In No. 65154-0, James Canning has filed a petition for review of a Court of Appeals decision, and numerous motions. In No. 65054-3, Mr. Canning and Karen Stevenson have filed motions for discretionary review of the Court of Appeals' denial of an extension of time to file a motion for reconsideration of the same decision that is the subject of Mr. Canning's petition for review. They have also filed numerous other motions under that cause number, including a request by Ms. Stevenson that her motion for discretionary review be treated as a petition for review and considered with Mr. Canning's petition in No 65154-0. Respondents Kevin Delany and Bernard Krisher have requested that the court impose sanctions for having to answer a frivolous petition. Two other events are pertinent to the question of sanctions. First, Mr. Canning requested oral argument when the motions in No. 65054-3 were before the Commissioner, but failed to arrange for and make the conference call on the specified date, despite the Commissioner's denial of a continuance. Second, Mr. Canning paid his filing fee in No. 65154-0 by check, but later stopped payment on that check. Given these circumstances, and having reviewed the pleadings and record on review, the court has decided to deny review in both causes, and to impose sanctions against Mr. Canning and Ms. Stevenson.

IT IS HEREBY ORDERED:

(1) The petition for review in No. 65154-0 is denied;

(2) Ms. Stevenson's motion for discretionary review in No. 65054-3 has been treated as a petition for review, as per her request, and is denied;

(3) All other motions filed by Mr. Canning or Ms. Stevenson, in both cause numbers, are denied as moot;

(4) Mr. Canning shall forthwith remit the $200.00 filing fee;

(5) Mr. Canning shall forthwith pay sanctions of $300.00 to Mr. Delany and Mr. Krisher jointly, with payment to be established by a receipt to be submitted to this court;

(6) Ms. Stevenson shall forthwith pay sanctions of $200.00 to Mr. Delany and Mr. Krisher jointly, with payment to be established by a receipt to be submitted to this court;

(7) Mr. Canning and Ms. Stevenson shall each forthwith pay sanctions of $250.00 to this court; and

(8) Neither Mr. Canning nor Ms. Stevenson may file any paper with this court in any cause until these sanctions and the $200.00 filing fee are paid.

J. M. Dolliver

CHIEF ...


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