In re Outboard Marine Corporation, et al., 00-037405
Issued: June 23, 2011
Judge: John H. Squires
The Upshot: When sanctions are requested upon a party’s pursuant to 9011(c)(A), two requirements must be met: the must be made separate and apart from other motions or requests and “[must] describe the specific conduct alleged to violate subdivision (b)[,]” and “the may not be presented to the unless, within twenty-one days of service, the non-movant has not withdrawn or corrected the challenged behavior.” The Trustee argues that the Statement of Interest filed by on behalf of under because the released any right had to assert a against the proceeds of the GL and, as such, the Statement of Interest is not reasonably based in law or fact.Next, the Trustee seeks sanctions against pursuant to 28 U.S.C. § 1927, which provides as follows: Any attorney or other person admitted to conduct cases in any of the or any Territory thereof who so multiplies the proceedings in any and vexatiously may be required by the to satisfy personally the , expenses, and attorneys’ fees reasonably incurred because of such conduct.