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Josephine Okwu v. Cindy Mckim; Judith Smith; Dave Schaefer

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 15, 2011

JOSEPHINE OKWU,
PLAINTIFF,
v.
CINDY MCKIM; JUDITH SMITH; DAVE SCHAEFER;
ANNE STAUSBOLL; PETER H. MIXON;
RORY J. COFFEY; DONNA RAMEL LUM; AND DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER DENYING MOTION FOR SANCTIONS

Defendants Anne Stausboll, Peter H. Mixon, Rory J. Coffey, and Donna Ramel Lum seek an order sanctioning Plaintiff under Rule 11 of the Federal Rule of Civil Procedure. Defendants argue their motion should be granted because all claims in Plaintiff's First Amended Complaint ("FAC") are frivolous. Even though Plaintiff's claims are dismissed with prejudice in a separate order, since the allegations in Plaintiff's complaint are not completely and utterly baseless, Defendants' Rule 11 motion is DENIED.

20110115

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