Legal Opinion
Gardenia Gordon v. Unifund Ccr Partners
Court of Appeals for the Eighth Circuit
Decided October 10, 2003No. 03-1402PublishedCited by 53 opinions
1Opinion of the Court
BEAM, Circuit Judge.
The district court imposed sanctions against Gardenia Gordon’s counsel (Appellant) following the dismissal of this case. Because Unifund did not request Rule 11 sanctions in a separate motion and did not follow the twenty-one day safe harbor rule set forth in Federal Rule of Civil Procedure 11(c)(1)(A), we hold that the district court abused its discretion in granting sanctions.
I. BACKGROUND
On November 27, 2000, the district court ordered Gordon to show cause why this case should not be dismissed for failure to prosecute because the docket had no record of service on…
2Cases cited2 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- VanDanacker v. Main Motor Sales Co.District Court, D. Minnesota · 2000
3Cited by53 opinions
- Star Mark Management, Inc. v. Koon Chun Hing Kee Soy & Sauce Factory, Ltd.Court of Appeals for the Second Circuit · 2012
- In Re PrattCourt of Appeals for the Fifth Circuit · 2008
- Brickwood Contractors, Inc. v. Datanet Engineering, Inc.Court of Appeals for the Fourth Circuit · 2004
- Penn, LLC v. Prosper Business Development Corp.Court of Appeals for the Sixth Circuit · 2014
- Northern Illinois Telecom, Inc. v. PNC Bank, N.A.Court of Appeals for the Seventh Circuit · 2017
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