Gray v. Brown, 3-17-cv-153 (CDL). (2019)
Court: District Court, M.D. Georgia
Number: infdco20191224938
Visitors: 16
Filed: Dec. 23, 2019
Latest Update: Dec. 23, 2019
Summary: ORDER CLAY D. LAND , Chief District Judge . Defendant Peggy Brown, who is an attorney representing herself pro se in this action, has filed a motion pursuant to Rule 11 of the Federal Rules of Civil Procedure to recover attorney's fees (ECF No. 95). Although Brown makes a strong case that Plaintiff and her counsel violated Rule 11, the Court is not authorized to grant Brown the relief she seeks. See Massengale v. Ray, 267 F.3d 1298 , 1303 (11th Cir. 2001)(holding that the district cour
Summary: ORDER CLAY D. LAND , Chief District Judge . Defendant Peggy Brown, who is an attorney representing herself pro se in this action, has filed a motion pursuant to Rule 11 of the Federal Rules of Civil Procedure to recover attorney's fees (ECF No. 95). Although Brown makes a strong case that Plaintiff and her counsel violated Rule 11, the Court is not authorized to grant Brown the relief she seeks. See Massengale v. Ray, 267 F.3d 1298 , 1303 (11th Cir. 2001)(holding that the district court..
More
ORDER
CLAY D. LAND, Chief District Judge.
Defendant Peggy Brown, who is an attorney representing herself pro se in this action, has filed a motion pursuant to Rule 11 of the Federal Rules of Civil Procedure to recover attorney's fees (ECF No. 95). Although Brown makes a strong case that Plaintiff and her counsel violated Rule 11, the Court is not authorized to grant Brown the relief she seeks. See Massengale v. Ray, 267 F.3d 1298, 1303 (11th Cir. 2001)(holding that the district court erred in awarding attorney's fees to a pro se attorney litigant as a Rule 11 sanction). Accordingly, Brown's motion is denied. However, Brown as a prevailing party is entitled to recover her costs which shall be taxed by the Clerk upon Brown's application to the Clerk for their recovery.
IT IS SO ORDERED.
Source: Leagle
