Civil Procedure Keyed to Freer
Rector v. Approved Federal Savings Bank
Rector (Plaintiff) sued Approved Federal Savings Bank (Defendant) asserting various causes of action. The district court dismissed the case, but allowed Plaintiff to file an amended complaint. Defendant then filed a motion for sanctions under Fed.R.Civ.P. 11 (Rule 11) based on Plaintiff’s allegations in the amended complaint. The district court held in favor of Defendant and ordered Plaintiff to pay Defendant’s attorney’s fees. Plaintiff did not object to the motion on the basis of Defendant’s failure to comply with Rule 11’s 21-day safe harbor provision. The 21-day safe harbor provision normally requires a party moving for Rule 11 sanctions to notify the adverse party of its intent to move for sanctions before submitting the motion to the court, in order to provide the adverse party time to remedy its frivolous allegations.
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