Posts tagged Rule 11 Motion.
Be careful what you wish for. That was the message Middle District of Florida Judge Carlos Mendoza delivered in Claudet v. First Federal Credit Control, Inc., 14-CV-2068 (M.D. Fla. Nov. 17, 2015) to the filer of an improper motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure. The Court awarded attorney's fees AGAINST the filer of the improper Rule 11 motion, finding it was filed for an improper purpose (to harass opposing counsel) and certainly not the outcome the filer had in mind. More interestingly, the Court did so without any motion from the non-movant.
The ...Tags: burr forman, Claudet v. First Federal Credit Control, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, FCCPA, Federal Rules of Civil Procedure, Judge Carlos Mendoza, Middle District of Florida, Rule 11 Motion, Smith v. Psychiatric Sols, tcpa