Wednesday, September 06, 2023 6:32:29 PM
pqr,
Your statement made me remember that Defendants' briefing was supposed to be so persuasive that the briefing would support a Rule 11 Motion!
I understand the reasoning behind the Court's decision, to, for the sake of efficiency, only allow Rule 11, if appropriate, after MTD is ruled on (iirc). But after having seen the unpersuasive Motion and the Reply which is lacking in candor, it seems like it would have been such an unpersuasive Rule 11 Motion as to warrant more than just an eyebrow from the Court.
Better off not having to contest a Rule 11 as a matter of course generally, but I would have enjoyed a written opinion about how baseless the Motion was, should they have been permitted to file one.
Your statement made me remember that Defendants' briefing was supposed to be so persuasive that the briefing would support a Rule 11 Motion!
I understand the reasoning behind the Court's decision, to, for the sake of efficiency, only allow Rule 11, if appropriate, after MTD is ruled on (iirc). But after having seen the unpersuasive Motion and the Reply which is lacking in candor, it seems like it would have been such an unpersuasive Rule 11 Motion as to warrant more than just an eyebrow from the Court.
Better off not having to contest a Rule 11 as a matter of course generally, but I would have enjoyed a written opinion about how baseless the Motion was, should they have been permitted to file one.
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