United States District Court, D. New Mexico
ORDER DENYING MOTION FOR SANCTIONS
GREGORY B. WORMUTH, UNITED STATES MAGISTRATE JUDGE
MATTER comes before the Court on Plaintiff's Motion for
Sanctions Under Rule 11 Against NMT Defendants' Counsel.
Doc. 118. Having read the motion and the attendant
briefing (docs. 126, 135), and being
otherwise fully advised, the Court hereby DENIES
days prior to filing his Motion for Sanctions, Plaintiff
served it on Defendants via email on April 10, 2019, as
required by Rule 11(c)(2). Doc. 118 at 2. In
response to Plaintiff's email, and before the Motion for
Sanctions was filed, Defendants entered a Notice of Errata on
April 11, 2019 stating the following:
Defendants…respectfully inform the Court of an error
contained in the NMT Defendants' Response in Opposition
to Plaintiff's Motion for Leave to Amend Second Amended
Complaint (Doc. 99). On page 3, the Response reads,
“[i]n fact, Plaintiff's Motion for Leave and TAC
does not even acknowledge that his claim for Malicious and
Conspiratorial Deprivation of Financial Property Right was
dismissed (Count IV in SAC and Count VI in proposed TAC).
See Motion for Leave, p. 2.” The NMT
Defendants omit this sentence from its Response as it was
based upon a misreading of Plaintiff's Motion for Leave.
filed his Motion for Sanctions on May 6, 2019, requesting
that the Court sanction Defendants for making “several
factually false statements” in their response to
Plaintiff's Motion to Amend. Doc. 118.
Defendants responded on May 20, 2019. Doc. 126.
Plaintiff filed his reply on June 3, 2019. Doc. 135.
The Motion for Sanctions is now before the Court.
of the Federal Rules of Civil Procedure permits the court to
sanction any attorney, law firm, or party that has violated
the provisions of Rule 11(b). Fed.R.Civ.P. 11(c). The court
may impose sanctions sua sponte, “after notice
and a reasonable opportunity to respond, ” or upon
motion of a party. Fed.R.Civ.P. 11(c)(1)-(2). “A motion
for sanctions must be made separately from any other motion
and must describe the specific conduct that allegedly
violates Rule 11(b).” Fed.R.Civ.P. 11(c)(2). Motions
for sanctions must be served under Rule 5, and may not be
filed or otherwise presented to the court if the challenged
filing is withdrawn or corrected within 21 days. Id.
attorney or unrepresented party is subject to sanctions for
violations of Rule 11(b). This rule states:
By presenting to the court a pleading, written motion, or
other paper-whether by signing, filing, submitting, or later
advocating it-an attorney or unrepresented party certifies
that to the best of that person's knowledge, information,
and belief, formed after an inquiry reasonable under the
(1) it is not being presented for any improper purpose, such
as to harass, cause unnecessary delay, or needlessly increase
the cost of litigation;
(2) the claims, defenses, and other legal contentions are
warranted by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law or for
establishing new law;
(3) the factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary
support after a reasonable opportunity for ...