Submitted: March 1, 2019
Motion for Sanctions Against Mr. Pepper Denied with
Shahin and Nina Shahin, Plaintiffs, pro se.
William W. Pepper, Sr., Esquire of Schmittinger and
Rodriguez, P.A., Dover, Delaware; attorney for Defendants.
William L. Witham. Jr. Resident Judge
before the Court is Plaintiffs,' Dr. Mazen Shahin and
Mrs. Nina Shahin's (hereinafter "Plaintiffs"),
Motion for Sanctions against Mr. William Pepper, Sr.,
Esquire, (hereinafter "Mr. Pepper"), of
Schmittinger & Rodriguez, P.A. pursuant to Delaware
Superior Court Rule of Civil Procedure Rule 11 (hereinafter
"Rule 11 ").After considering the motion and the record
regarding this case, it appears to the Court that:
AND PROCEDURAL HISTORY
October 16, 2018, the Plaintiffs' case against the
Defendants was transferred from the Delaware Court of
Chancery to this Court pursuant to \QDel. C. § 1902 and 6
Del. C. § 4602(8).
October 24, 2018, the Plaintiffs filed a complaint in this
Court, pro se, against the Defendants pursuant to 6
Del. C. § 4600 et. seq.
Despite the Plaintiffs' desire and attempts, they
ultimately failed to retain legal counsel. As a result, the
Plaintiffs filed an application in this Court seeking the
Court to appoint an attorney to represent them in their civil
cause of action against the Defendants pursuant to 6 Del.
C. § 4613(b). The Defendants filed their timely
response, in opposition,  and on December 17, 2018, the Court
denied the Plaintiffs application.
December 19, 2018, Mr. Pepper, acting in his capacity as the
Defendants' legal counsel, filed an amended answer to the
Plaintiffs' amended complaint.
Plaintiffs filed their latest complaint, again pro
se, in this Court on February 22, 2019. Here, the
Plaintiffs seek sanctions against Mr. Pepper pursuant to Rule
The crux of the Plaintiffs' argument is that Mr. Pepper
"misrepresent[ed] facts and the standards of applicable
and controlling law" in his December 19, 2018 amended
answer. Mr. Pepper, in opposition, filed a timely
response on February 28, 2019.
Plaintiffs specifically take issue with this excerpt from Mr.
Pepper's amended reply:
[t]he final decision of the Delaware Human Relations
Commission was issued on June 21, 2017. Pursuant to 6 Del. C.
§ 4612(1), a petition for judicial review must be filed
not later than 30 days after the entry of the order.
Plaintiffs waited until May 17, 2018, to file an action in
the Court of Chancery. The amended complaint in this action
is filed on November 29, 2018. Therefore, to the extent that
this action seeks judicial review of the final order of the
Delaware Human Relations Commission, it must be
Plaintiffs assert that this excerpt is inapplicable to the
facts and law of the case and that Mr. Pepper presented it to
harass and intimidate the Plaintiffs who are national
minorities and were seeking the appointment of
professional attorney (sic) to defend them specifically
against such intentional intimidation and
opposition, Mr. Pepper states that the excerpt was added to
his amended pleading properly as a statute of limitations
affirmative defense to avoid waiver in the event the
Plaintiffs' complaint could be construed to be an appeal
from the Commissioned decision. He further denies the