Franco v. Nealy et al

Filing 68

ORDER The Motion for Sanctions, 64 , is DENIED, by Judge Richard P. Matsch on 10/16/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Richard P. Matsch
Civil Action No. 14-cv-00105-RPM
DAVID M. FRANCO,

Plaintiff,
v.

LARRY NEALY,
INTREPID, LLC, a Colorado Limited Liability Company,
JAMES M. JACOBSEN,
BEARING CONSULTING GROUP, LLC, a Texas
Limited Liability Company,
Defendants.
ORDER DENYING MOTION FOR SANCTIONS

A final judgment dismissing defendants James M. Jacobsen and Bearing Consulting
Group, LLC. from this civil action was entered on July 22, 2015, pursuant to this Court’s
Memorandum and Order granting summary judgment entered on that date. The dismissed
defendants filed a motion for sanctions on September 1, 2015. They seek attorney fees and
expenses under Fed. R. Civ. P. 11(c)(4) and 28 U.S.C.A. § 1927.
Rule 11(c)(2) requires the service of a motion for sanctions at least 21 days before
filing to give the opposing party an opportunity to withdraw or correct the pleading alleged to
be in violation of the provisions of Rule 11(b). The defendants did not comply with that
requirement.
Pursuing a claim that ultimately cannot be supported by evidence is not a violation of
28 U.S.C.A. § 1927.
Accordingly, it is ORDERED that the Motion for Sanctions, Doc. 64, is DENIED.
1

DATED: October 16, 2015

BY THE COURT:
s/Richard P. Matsch
______________________
Richard P. Matsch
Senior District Judge

2