Nonparty Cannot File Rule 11 Motion


This seems rather obvious. The explanation:

Tokayer asserts that sanctions pursuant to Fed.R.Civ.P. 11 should be imposed on the Nimkoff Parties and their attorneys for filing several “baseless” motions against Tokayer and for filing a lawsuit against Tokayer that has been dismissed (Tokayer Motion at 4).

As an initial matter, Tokayer, as a non-party, lacks standing to seek Rule 11 sanctions in this action. See New York News, Inc. v. Kheel, 972 F.2d 482, 486 (2d Cir. 1992) (non-party attorney did not have right to intervene in action for purpose of seeking Rule 11 sanctions).

The third party, Tokayer, also failed to comply with the safe harbor. Source: NIMKOFF ROSENFELD & SCHECHTER, LLP v. RKO PROPERTIES, LTD., Dist. Court, SD New York 2017 – Google Scholar

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