In a Florida federal court battle over the ownership of the Miss America pageant, the defendants have filed a competing sanctions motion against the plaintiffs and their counsel for "false narratives" following the latter parties' own bid for sanctions filed in September.

In a new sanctions motion filed Monday, defendants Glenn F. Straub, a real estate developer; Palm Beach Polo Inc. and its comptroller Kathleen A. Fialco; and attorney Craig T. Galle pushed back against claims that plaintiff Robin Fleming is the owner of the Miss America Cos.

"Such claims and allegations are frivolous and without justification in law or fact," the defendants said Monday.

Fleming and the Miss America entities filed a $500 million racketeering suit in November 2024, accusing Straub of fraudulently pushing the organization into bankruptcy in an effort to take over its assets.

The plaintiffs filed a motion for sanctions in September, accusing Straub and his current and past attorneys of submitting fake contracts as evidence of their ownership of the company that runs the pageant.

The defendants hit back in a response arguing the plaintiffs are actually the ones who are "engaging in fraud." They said the first sanctions motion was "recklessly filed," and it "wrongfully" accused Straub and Galle "of perpetuating a fraud against plaintiffs and this court."

Now the defendants are returning fire with their own motion for sanctions, largely citing documents they say proves Straub is the owner of the Miss America entities.

"Although the majority of Fleming and plaintiffs' counsel's filings are unnecessarily verbose and suggest complex issues, the central issue of this case upon which all of plaintiffs' claims revolve is very straightforward: Who owns the Miss America companies and their assets?" the defendants said in Monday's motion.

The defendants said the plaintiffs' counsel has had many opportunities to review evidence, including communications between the parties and other documentation produced in discovery.

The plaintiffs also sat on the motion for sanctions for 21 days before its filing and refused to withdraw Fleming's allegations that Fleming, and not Straub, owns Straub's buyer entities which bought all the assets of Miss America Organization Inc., the defendants said Monday.

"Nevertheless, Fleming and Plaintiffs' Counsel have refused to withdraw the subject allegations and claims. Accordingly, this Court should impose sanctions against Fleming and Plaintiffs' Counsel pursuant to [the Federal Rules of Civil Procedure]," they said, specifically the rule that involves representations to the court: Rule 11(b).

Sanctions can be awarded under that rule when a party files a pleading that has no reasonable factual basis, that is based on a legal theory that has no reasonable chance of success or is filed in bad faith for an improper purpose.

"The subject allegations and claims are objectively and subjectively frivolous. They lack merit and have no reasonable factual or legal basis. Fleming and plaintiffs' counsel have unequivocal knowledge that Fleming is not, and has never been, the owner of Straub's buyer entities, [Miss America Competition LLC] and [Miss America IP LLC], or any of the Miss America Companies," the defendants said.

They also argued that even Fleming herself has acknowledged in writing that Straub is the owner of the Miss America Companies and that Fleming was never more than an employee or independent contractor of Straub's entities.

"As Fleming and plaintiffs' counsel are fully aware, written communications, financial records, and other documents evidence Straub's sole ownership of Straub's buyer entities and of the Miss America Companies' assets and rights. On the other hand, there is absolutely no evidence that Fleming has ever had any legitimate ownership interest in any of the Miss America Companies. Yet, plaintiffs and plaintiffs' counsel have failed and refused to withdraw Fleming's frivolous allegations and claims," the defendants said Monday.

Counsel for the defendants declined to comment. Counsel for the plaintiffs didn't immediately respond Tuesday to a request for comment.

Robin Fleming, Miss America IP Inc., Miss America's Scholarship Foundation Inc. and MAO IP Holding Co. LLC are represented by Gene Rossi, Justin L. Chretien and Bruce J. Berman of Carlton Fields, and Benjamin G. Chew, Camille M. Vasquez and Jessica N. Meyers of Sheppard Mullin Richter & Hampton LLP.

Straub, Galle, Palm Beach Polo Inc. and Kathleen A. Fialco are represented by Todd A. Levine and Terri Ellen Tuchman Meyers of Kluger Kaplan Silverman Katzen & Levine PL.

The case is Fleming et al. v. Straub et al., case number 9:24-cv-81507, in the U.S. District Court for the Southern District of Florida.