Rule 11 and Discovery Disputes

From Paradigm Alliance, Inc. v. Celeritas Techs., LLC, 2008 U.S. Dist. LEXIS 15334 (D. Kan. Feb. 28, 2008):

This is the second attempt by defendants to disrupt the relationship between Paradigm and its outside counsel. In both attempts, defendants have asserted questionable arguments. Moreover, during the most recent dispute, defense counsel referenced Rule 11 sanctions during the "meet and confer process." Fed. Rule Civ. P. 11(d) expressly states that Rule 11 "does not apply to discovery requests, responses, objections and motions under Rule 26 through 37." An expressed or implied threat of moving for Rule 11 sanctions in the context of a discovery dispute is improper. [Emphasis added.]

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