Austin v. Hanover Insurance Company et al

Filing 27

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than February 13, 2017, Defendant is directed to supplement the record with documentation of the motions compliance with Rule 11, Fed. R. Civ. P., or otherwise demonstrate its compliance w ith Rule 11 in filing the instant motion [ 14 ] for sanctions. IT IS FURTHER ORDERED that, no later than February 13, 2017, Defendant shall file a verified statement of the attorneys fees and costs it has incurred in responding to this action.. Signed by District Judge John A. Ross on 1/30/17. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
H. RICHARD AUSTIN,
Plaintiff,
v.
HANOVER INSURANCE COMPANY a/k/a
MASSACHUSETTS BAY INSURANCE
COMPANY,

)
)
)
)
)
)
)
)
)
)

No. 4:16CV01491 JAR

Defendant.
MEMORANDUM AND ORDER
This matter is before the Court on the motion (Doc. No. 14) of Defendant Hanover
Insurance Company for an award of sanctions. Pro se Plaintiff H. Richard Austin has filed a brief
in opposition. For the reasons set forth below, the Court will direct Defendant to supplement the
record to demonstrate the motion’s compliance with Rule 11 of the Federal Rules.
Rule 11, Fed. R. Civ. P., contains a “safe harbor” provision where a party against whom
sanctions is sought must first be given 21 days to withdraw or correct a challenged paper without
suffering adverse consequences. Specifically, it requires that a motion for sanctions must be served
under Rule 5, and that “it must not be filed or be presented to the court if the challenged paper . . . is
withdrawn or appropriately corrected within 21 days after service or within another time the court
sets.” Rule 11(c)(2), Fed. R. Civ. P.
Here, on review of the motion for sanctions, it is not apparent to the Court that Defendant
has complied with the safe harbor provision of Rule 11.

Defendant’s motion was filed on

December 7, 2016, and the certificate of service therein indicates the motion was served on Plaintiff
the same day. The motion does not otherwise represent it was served on Plaintiff prior to that date.
Accordingly,

IT IS HEREBY ORDERED that, no later than February 13, 2017, Defendant is directed
to supplement the record with documentation of the motion’s compliance with Rule 11, Fed. R.
Civ. P., or otherwise demonstrate its compliance with Rule 11 in filing the instant motion [14] for
sanctions.
IT IS FURTHER ORDERED that, no later than February 13, 2017, Defendant shall file
a verified statement of the attorney’s fees and costs it has incurred in responding to this action.

__________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 30th day of January, 2017.

-2-