District court's order imposing sanctions and the order denying defendants' motion to vacate is affirmed where: 1) the district court's order of June 13, 2008 which dismissed all claims against all parties with prejudice, rendered final the orders appealed in the Court of Appeals because it ended the litigation on the merits and left nothing for the court to do but execute the judgment; 2) the doctrine of finality and mootness do not deprive this court of jurisdiction over this appeal; 3) although the sanctions are well supported by trial judge's findings of fact and credibility determinations, September 28, 2007 sanctions are vacated against all appellants because the parties have settled the matter of the attorneys' fees; and 4) March 30, 2006 Sanction Order is vacated as the trial judge's ruling that the magistrate judge's admonishment was a sanction was not a sound exercise of his discretion.
On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 2-01-cv-05641)
District Judge: Honorable James Knoll Gardner
Argued July 9, 2009
Opinion Filed AugSeptember 1, 2009
Counsel for Appellant: Malcolm J. Gross, Kimberly G. Krupka, Timothy D. Katsiff, Matthew J. Siembieda, Kevin M. Passerini, Jeremy A. Rist, Errol C. Deans, Jr., Norman E. Greenspan
Counsel for Appellee: Anthony J. Bocchino, Francis J. Farina, Timothy M. Fraser, Ellen Meriwether, Michael J. Willner, Cafferty Faucher, Kenneth A. Jacobsen, Joseph A. O'Keefe