IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION
FEDERAL TRADE COMMISSION, )
Plaintiff,
V. Case No. 4:14-CV-00815-BCW
BF LABS INC., et al.,
Defendants.

ORDER
The Court is aware of the growing lack of civility and professionalism among the parties
in this case and, therefore, puts the parties on notice of several options available to it if such
conduct continues. Through its inherent power to maintain respect and decorum, the Court is
granted the flexibility to equitably tailor a sanction that appropriately fits any misconduct. See

Plaintiffs’ Baycol Steering Comm. v. Bayer Corp., 419 F.3d 794, 802 (8th Cir. 2005)

(recognizing inherent power to sanction after notice and opportunity to be heard). Available
sanctions include a lecture from the Court, a monetary penalty, a recommendation by the Court
to the appropriate bar association that the attorney be subject to disciplinary action, or a public
reprimand directly by the Court and made available on the Court’s website.’ See, e.g., Local
Rule 83.6 (discussing attorney discipline). More extreme sanctions include disbarment or
contempt findings.

The Court recognizes that this is a contentious and vigorously disputed lawsuit. But the
Court expects the parties to treat each other, the Temporary Receiver (which is appointed by, and

serves as, an officer of the Court), and the Court with professionalism and respect. Name

' The public reprimand may include information such as the attorney’s name, details of the misconduct, and the

Court’s disapproval.

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calling, veiled suggestions, ad hominem attacks, and unfounded accusations directed at opposing
counsel, the Temporary Receiver, or the Court will not be tolerated and potentially subjects a
party to the above sanctions.

The parties, the Temporary Receiver, and the Court have a lot of work to accomplish in a
little amount of time. The Court will not allow harassing and unbecoming conduct to distract
from the orderly administration of this lawsuit. If it continues to observe inappropriate behavior,
the Court will not hesitate to schedule a show cause hearing to address the offending conduct.

IT IS SO ORDERED.

Dated:_October 27, 2014 /s/ Brian C. Wimes

JUDGE BRIAN C. WIMES
UNITED STATES DISTRICT COURT

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