Under Rule 30(b)(6) a party may require the opposing party (usually an organization or corporation) to produce a witness with knowledge of certain facts. In this case, the plaintiff filed an amended complaint and then produced the 30(b)(6) witness. When the witness provided little support for the claims in the amended complaint, the defendants moved for Rule 11 sanctions.
The court denied the motion, ruling that the sanctions inquiry is governed by what the lawyer knew when she signed the complaint, not what emerged thereafter. The sanctions motion was denied as premature. The court ruled correctly, in my view, that the plaintiff had the right to complete discovery on its amended complaint before a Rule 11 sanctions motion could be heard.
Edward X. Clinton, Jr.