United States Fourth Circuit

Order awarding monetary sanctions against plaintiff pursuant to Fed. R. Civ. P. 11 is reversed where the motion for sanctions was made after the case had terminated, service and filing were accomplished without giving the 21-day notice required by the rule, and there was no compliance with the safe harbor provision of Rule 11.

Appellate Information

• Decided 07/07/2003
• Published 07/07/2003

Judges

• Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:James Joseph Tansey, Washington, D.C., for Appellant.   James F. Lee, Jr., LEE & MCSHANE, P.C., Washington, D.C., for Appellees. ON BRIEF:  Brandon M. Gladstone, LEE & MCSHANE, P.C., Washington, D.C.;   Edward J. Pesce, EDWARD J. PESCE, P.A., Ellicott City, Maryland, for Appellees.