LBR 9011-3. SANCTIONS

LBR 9011-3. SANCTIONS

(a) Violation of Rules. The violation of, or failure to conform to, the FRBP or these rules may subject the offending party or counsel to penalties, including monetary sanctions, the imposition of costs and attorneys’ fees payable to opposing counsel, and/or dismissal of the case or proceeding.
(b) Failure to Appear or Prepare. Unless otherwise ordered by the court, the failure of counsel for any party to take any of the following steps may be deemed an abandonment or failure to prosecute or defend diligently by the defaulting party:
(1) Complete the necessary preparation for pretrial;
(2) Appear at pretrial or status conference;
(3) Be prepared for trial on the date set; or
(4) Appear at any hearing where service of notice of the hearing has been given or
waived.
(c) Penalties for an Unnecessary or Unwarranted Motion or Opposition. Pursuant to
FRBP 9011, the presentation to the court of an unnecessary motion and the unwarranted opposition to a motion, which unduly delays the course of an action or proceeding, or failure to comply fully with these rules, subjects the offender and attorney at the discretion of the court to appropriate discipline, including the imposition of costs and the award of attorneys’ fees to opposing counsel, payment of 1 day’s jury fees of the panel, if one has been called for the trial, and such other sanctions, including denial of the motion or dismissal of the proceeding, as may appear proper to the court under the circumstances.This section applies to violations of the LBRs which may otherwise not be subject to sanctions under either FRBP 9011 or F.R.Civ.P. 11.
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