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Miscellaneous
: Federal Civil Practice BulletinFifth Circuit Reverses Sua Sponte Imposition of Rule 11 Monetary Sanctions for Failure to Comply with Proper Procedure
In awarding summary judgment to Defendants, the district court, sua sponte, ruled that sanctions would be imposed against Plaintiffs M. Gene Marlin and Old National Bank; subsequently, after ordered filings and a hearing, it set the amount at approximately $640,000. Plaintiffs maintain the sanctions were improper under Federal Rule of Civil Procedure 11. . . . The district court failed in several instances to comply with the mandatory procedure set by Rule 11. Each of those instances constitutes an abuse of discretion, requiring the sanctions to be vacated . . . .Although Moody National served Plaintiffs with a Rule 11 letter requesting the dismissal of all claims, the attached motion was never filed. It was not until the summary judgment was granted that, as part of that order, the district court, on its initiative, ruled it would impose costs ?as simple equity?, and, soon thereafter, ordered Defendants to submit their fees-and-costs statements. Therefore, contrary to Rule 11, the district court did not ?determine[ ] that Rule 11(b) ha[d] been violated? ? after [first giving Plaintiffs] notice and a reasonable opportunity to respond?. Fed.R.Civ.P. 11(c)(1) (emphasis added). . . . This alone constituted an abuse of discretion. . . . [A]
Full post as published by Federal Civil Practice Bulletin on July 10, 2008 (boomark / email).
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5th Circuit Vacates Order of Monetary Sanctions
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