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)

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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

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