IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
March 15, 2007
ANCHOR BREWING COMPANY, PLAINTIFF,
JULIO PEIX, ET AL., DEFENDANTS
The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
For the Northern District of California
ORDER DENYING DEFENDANT JULIO PEIX'S MOTION FOR SANCTIONS; VACATING HEARING
Before the Court is defendant Julio Peix's motion for sanctions, pursuant to Rule of the Federal Rules of Civil Procedure. Plaintiff Anchor Brewing Company has filed opposition, to which defendant has replied. Having considered the papers filed in support of and in opposition to the motion, the Court deems the matters suitable for decision on the papers, VACATES the hearing scheduled for March 23, 2007, and rules as follows. Sanctions are appropriately awarded under Rule 11 only in "the rare and exceptional case where the action is clearly frivolous, legally unreasonable or without legal foundation, or brought for an improper purpose." See Operating Engineers Pension Trust v. A-C Co., 859 F.2d 1336, 1344 (9th Cir. 1988). The Court finds defendant has failed to show the instant action was clearly frivolous, legally unreasonable or without legal foundation, or brought for an improper purpose. Accordingly, defendants' motion is hereby DENIED.
IT IS SO ORDERED.
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