Because District Judge Had Already Ruled on FBI’s Compliance, So No Rule 11 Sanctions Would Lie.
Ya know, timing is everything; life in general, but especially in the law. The next case demonstrates the truth of this saying in real life time, all in the context of Rule 11 sanctions.
Islamic Shura Council of Southern California v. FBI, Case No. 12-55305 (9th Cir. July 31, 2013) (for publication; per curiam) is a situation where a district court granted Shura’s Council’s Rule 11 sanctions motion against the FBI. However, the Ninth Circuit reversed the sanctions order because, even before the motion was filed, the district judge had determined that the FBI had complied by informing the court about the existence of documents/searches of documents through in camera proceedings. Because sanctions were sought long after the district court had ruled on the adequacy of the government’s eventual compliance with FOIA, there was nothing to sanction. Sanctions award reversed and vacated.