Opinion
06 Civ. 0266.
January 27, 2009
DECISION AND ORDER
Defendant General Electric ("GE") filed the instant motion seeking sanctions against Punitive Plaintiff Class ("Plaintiffs") in this action pursuant to Federal Rule of Civil Procedure 11 ("Rule 11"). GE alleges that Plaintiffs' counsel failed to make a reasonable factual inquiry prior to filing a motion seeking leave to amend the complaint to add causes of action pertaining to additional contaminants. Plaintiffs have filed opposition to the motion. Upon review of the parties' papers, as well as the relevant portions of the underlying record and applicable legal standards and controlling authorities, the Court denies the motion. The Court is not persuaded that GE has presented any circumstances sufficiently extraordinary to satisfy to rigorous test defining the type and degree of that misconduct warrant Rule 11 sanctions. See E. Gluck Corp. v. Rothenhaus, 252 F.R.D. 175, 178-79 (S.D.N.Y. 2008). Accordingly, it is hereby
ORDERED that the motion of defendant General Electric (Docket No. 106) for sanctions pursuant to Federal Rule of Civil Procedure 11 is DENIED.
2004); Central Vermont. Pub. Serv. Corp. v. Herbert, 341 F.3d 186, 190 (2d Cir. 2003). Accordingly, it is hereby
ORDERED that the motion of petitioner Raheen Davis for an order for relief from a final judgment pursuant to Federal Rule of Civil Procedure 60(b) is DENIED.