Laschkewitsch v. American National Life Insurance Company

Filing 23

ORDER DENYING: 19 Motion for Sanctions. In sum, plaintiff's motion for sanctions is DENIED. Signed by Chief Judge James C. Dever III on 6/26/2015. A certified copy of this Order was sent via US Mail on 6/26/2015 to pro se plaintiff John Laschkewitsch, 1933 Ashridge Dr., Fayetteville, NC 28304. (O'Brien, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:15-CV-21-D JOHN LASCHKEWITSCH, Plaintiff, v. AMERICAN NATIONAL LIFE INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER On May 11, 2015, John Laschkewitsch ("Laschkewitsch,, or "plaintiff,) filed a motion for sanctions [D.E. 19]. On May 29,2015, American National Life Insurance Company responded in opposition [D.E. 21]. On June 18,2015, Laschkewitsch replied [D.E. 22]. Laschkewitsch, s motion for sanctions fails. First, Laschkewitsch did not comply with the safe harbor provision in Rule 11. See,~, Brickwood Contractors. Inc. v. Datanet Eng, g. Inc., 369 F.3d 385, 389 (4th Cir. 2004) (en bane). Second, Laschkewitsch premised his motion for sanctions on his meritless motion to strike [D.E. 10], which this court denied on April17, 2015. See [D.E. 18]. Finally, American National Life Insurance Company did not violate 28 U.S.C. ยง 1927, Rule 8, or Rule 11 of the Federal Rules of Civil Procedure. In sum, plaintiffs motion for sanctions [D.E. 19] is DENIED. SO ORDERED. This JJ.e. day of June 2015. J S C."DEVERill ' Chief United States District Judge

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