21st Century Satellite Communications, Inc. v. Byrch (In re 21'st Century Satellite Communications, Inc.)
21st Century Satellite Communications, Inc. v. Byrch (In re 21'st Century Satellite Communications, Inc.)
Opinion of the Court
ORDER DENYING WOODBURY FINANCIAL SERVICES, INC.’S MOTION FOR RULE 9011 SANCTIONS
(Doc. No. 221)
THIS CAUSE came on for hearing with notice on January 25, 2005, to consider
This Court has considered the argument made by Woodbury and is satisfied that sanctions are not appropriate in this case. In order for sanctions to be imposed, Rule 9011 requires a finding by the court that a party made factual contentions to the court without factual support or reasonable belief there would be factual support. F.R.B.P. 9011(b)(3). In this case, no factual statement made by the Debtor in the Amended Complaint is untrue. The basic difficulty is that the Debt- or lumped together numerous defendants in its Amended Complaint without enough specificity. Therefore, this Court holds that no sanctions should be imposed on the Debtor pursuant to Rule 9011. However, this Court is also satisfied that the Debt- or’s Amended Complaint lacks the specificity necessary to identify the defendants to whom certain allegations apply. Therefore, this Court holds that the Debtor shall have thirty (30) days from the entry of this Order to amend its Complaint in order to clarify this lack of specificity.
Accordingly, it is
ORDERED, ADJUDGED AND DECREED that Woodbury Financial Services Inc.’s Motion for Rule 9011 Sanctions be, and the same is hereby, denied without prejudice. It is further
ORDERED, ADJUDGED AND DECREED that 21st Century Inc.’s Amended Complaint be, and the same is hereby, dismissed and 21st Century shall have thirty (30) days from the date of this Order to amend its Complaint.
Reference
- Full Case Name
- In re 21'st CENTURY SATELLITE, COMMUNICATIONS, INC., Debtor. 21st Century Satellite Communications, Inc., and 21st Century Satellite Communications, Inc. Liquidating Trust v. Robert S. Byrch
- Status
- Published