Bayoh v. Afropunk Fest 2015 LLC et al

Filing 183

ORDER: Accordingly, it is hereby ORDERED that the plaintiff's motion to strike the defendants' filing under Fed. R. Civ. P. 37(b) and Fed. R. Civ. P. 12(f) is denied. IT IS FURTHER ORDERED that the plaintiff's motion to impose sanctions under Fed. R. Civ. P. 11 is denied on the merits and for failure to follow Rule 11s requirements. (Signed by Judge Denise L. Cote on 12/15/2020) (jca)

Case 1:18-cv-05820-DLC-KNF Document 183 Filed 12/15/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------

X
:
MAMBU BAYOH,
:
:
Plaintiff,
:
:
-v:
:
AFROPUNK LLC, MATTHEW MORGAN and
:
JOCELYN COOPER, individually,
:
:
Defendants.
:
:
--------------------------------------- X

18cv5820
(DLC)
ORDER

DENISE COTE, District Judge:
On December 11, 2020, the defendants filed their reply in
further support of their motion to vacate the preliminary
injunction and in further opposition to the plaintiff’s
application for a permanent injunction.

That same day, the

plaintiff moved to strike the defendants’ filing under Fed. R.
Civ. P. 37(b) and Fed. R. Civ. P. 12(f) and for sanctions under
Fed. R. Civ. P. 11.

On December 14, the defendants opposed the

plaintiff’s request.
The plaintiff’s motion to strike is denied.
Rules on which Bayoh relies are at issue here.

Neither of the
Regardless, the

plaintiff’s request for a permanent injunction was denied on
December 11, and the issue is now moot.

Case 1:18-cv-05820-DLC-KNF Document 183 Filed 12/15/20 Page 2 of 2

The Rule 11 motion is frivolous.

A party seeking sanctions

under Rule 11 must comply with the “safe harbor” provision of
Rule 11.

Accordingly, it is hereby

ORDERED that the plaintiff’s motion to strike the
defendants’ filing under Fed. R. Civ. P. 37(b) and Fed. R. Civ.
P. 12(f) is denied.
IT IS FURTHER ORDERED that the plaintiff’s motion to impose
sanctions under Fed. R. Civ. P. 11 is denied on the merits and
for failure to follow Rule 11’s requirements.
Dated:

New York, New York
December 15, 2020
__________________________________
DENISE COTE
United States District Judge

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