BUY™	SELL™	SHOP™
Downloaded From www.TextBookDiscrimination.com
SELL YOUR OWN TEMPLATES (help others get the justice that they deserve)
BUY™	SELL™	SHOP™

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S TIME-SENSITIVE MOTION TO WAIVE THE 21-DAY SAFE HARBOR PROVISION (FROM RULE 11 MOTIONS FOR SANCTIONS)

Plaintiff, [plfName], on this [D] day of [MMMM] [YYYY], respectfully asks this Court to relieve Plaintiff from having to observe the 21-day safe harbor provision. A provision that is found in Rule 11 Fed. R. Civ. P.. A provision that is harmful – while inapplicable – to Plaintiff’s forthcoming Motion for Sanctions (against Defendant – [defName]).

Key Points:

Points	Defendant’s refusal to recognize facts (and/or confer);

Grounds	[grnds]

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	6th Page
Exhibits	7th Page
Affidavits	10th Page

Background:	Defendant is facing sanctions for defrauding the court
Problem:	Defendant is hostile to conferring (or recognizing facts)
Request:	Court relieves Plaintiff of the 21-day ‘conferral’ period

Rule 1 | Fed. R. Civ. P. | Scope | (highlights added)

“These rules... should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Rule 11(c)(1) | Fed. R. Civ. P. | Sanctions | (highlights added)

“(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.”

Precedent

6:17-cv-00236-WWB-EJK	- USFLMD (11/2/23)

6:17-cv-00236-WWB-EJK	- USFLMD (7/17/23)

8:20-cv-02602-KKM-AAS	- USFLMD (4/6/21)

8:20-cv-02311-VMC-AEP	- USFLMD (2/11/21)

8:20-cv-02533-KKM-TGW	- USFLMD (1/25/21)

USFLMD recently granted similar motions for leave

Abbreviations:

{#NN}	-	Docket Entry NN [of this case]
DOAH	-	Division of Administrative Hearings (Florida)
FCHR	-	Florida Commission on Human Relations
FS	-	Florida Statutes
USFLMD	-	US District Court, Florida, Middle District
USTXND	-	US District Court, Texas, Northern District

MOTION

Relevant History

[hstry001]

[hstry002]

[hstry003]

Analysis

[any001]

[any002]

[any003]

Standard for Review

Rule 11 Fed. R. Civ. P. states that this Court can change the 21-day safe harbor period (highlights added):

“The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.”

Rule 11 Fed. R. Civ. P.

Moreover, Rule 1 Fed. R. Civ. P. gives this Court the power to do so:

“These rules... should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Rule 1 Fed. R. Civ. P.

The 11th Circuit has reinforced this by holding that district courts have the “inherent power” to manage their dockets (highlights added):

“A court can only decide an issue if it has the power to do so. The primary question in this appeal is whether a district court has the power to grant or deny sanctions (under the court’s inherent powers or 28 U.S.C. §1927) when it lacks subject-matter jurisdiction over the underlying case. We join our sister circuits in answering yes...”

Hyde v. Irish, 15-13010 (11th Cir. June 17, 2020)

USTXND – for persuasive authority – used these powers to establish a method for reviewing motions to waive the safe harbor provision:

“This court does not question Giganti's conclusion that a party may waive the safe harbor provision. However, before such a waiver can occur, the party must first be served with the motion”

Browne v. NASD, 3:05-cv-02469 (USTXND 12/14/06)

Thus, a federal court can waive the 21-day safe harbor provision if the [would-be] movant supplies the nonmovant with a copy of the sanctions motion.

Application

Plaintiff – in the instant case – has met this burden. He did so by [immediately] serving Defendant (ie, the nonmovant) with his sanctions motion. Thereby satisfying the method prescribed by Rule 5(b)(2)(E) Fed. R. Civ. P.

Therefore, this Court is well-positioned to grant this motion.

Nature of Relief Sought

Plaintiff merely seeks removal of the 21-day safe harbor provision [of Rule 11 Fed. R. Civ. P.]. More specifically, [he/she] only seeks to have it removed for this one occasion. Whereby [he/she] can file his upcoming Motion for Sanctions as soon as possible.

CONFERRAL

On [confMth] [confDy], [confYr], [conferralStatement].

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Court to relieve Plaintiff of the 21-day safe harbor provision (of Rule 11(c) Fed. R. Civ. P.). Thereby letting Plaintiff file [his/her] forthcoming Motion for Sanctions before the 21-day window expires.

Dated this [DD]th day of [MMMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Century Schoolbook 13-point Font (contents); thus complying with the font requirements of Local Rule 1.08.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. I also emailed it to the attached service list.

/s/ [plfName]

Endnotes:

Electronic Copy: (text-searchable)

How-To Guide: How to Write a Motion to Waive the 21-Day Safe Harbor Provision

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

EXHIBIT A

PLAINTIFF’S AFFIDAVIT

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF ‘PLAINTIFF’S TO WAIVE THE 21-DAY SAFE HARBOR PROVISION’

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a plaintiff in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Local Rules of Court, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and much more.

The information in this affidavit is based on my own personal knowledge.

Facts

[fact001]

[fact002]

[fact003]

[fact004]

[fact005]

[fact006]

Request

[req001]

Thank you.

Verification Under Oath Pursuant to 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [DD]th day of [MMMM] [YYYY].

UNITED STATES OF AMERICA	[dtSigned]
[plfName], Plaintiff/Affiant

BUY™	SELL™	SHOP™
Downloaded From www.TextBookDiscrimination.com
SELL YOUR OWN TEMPLATES (help others get the justice that they deserve)
BUY™	SELL™	SHOP™