Liang v. Mary Jane M Elliott, PC

Filing 21

ORDER DENYING re 18 MOTION for Sanctions Under Fed. R. Civ P. 11 filed by Mary Jane M Elliott, PC. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GAO LIANG, on behalf of himself and all similarly situated persons, Plaintiff, v. MARY JANE M. ELLIOTT, P.C., Defendant. / Case No. 08-11340

Honorable Patrick J. Duggan

ORDER DENYING DEFENDANT'S MOTION FOR SANCTIONS UNDER FED. R. CIV. P. 11 At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on October 9, 2008. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE

Presently before the Court is a motion by Defendant seeking Rule 11 sanctions for Plaintiff having filed a complaint which, according to Defendant, "lacks any basis in fact or law." On October 8, 2008, this Court issued an Order granting Defendant's motion for summary judgment. However, this Court does not believe that Plaintiff's complaint was so lacking in merit that Rule 11 sanctions are warranted. In Plaintiff's opposition to the motion for summary judgment, Plaintiff pointed to case law which Plaintiff's counsel believed supported Plaintiff's position. While this Court believes that the cases relied upon by Plaintiff are distinguishable, nevertheless this Court

does not conclude that, at the time of filing the complaint, it should have been clear to Plaintiff's counsel that the complaint had no merit. Therefore, for reasons set forth above, IT IS ORDERED that Defendant's Motion for Rule 11 Sanctions is DENIED.

s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Adam G. Taub, Esq. Adam S. Alexander, Esq. Michael J. Sullivan, Esq.

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