Islamic Shura Council v. Federal Bureau of Investigation

The Federal Bureau of Investigation (“FBI”) appeals the district court’s order granting the Islamic Shura Council of Southern California’s (“Shura Council”) motion for sanctions under Federal Rule of Civil Procedure 11(c). See Islamic Shura Council of S. Cal. v. FBI, 278 F.R.D. 538, 548 (C.D.Cal.2011). The FBI argues that the sanctions order must be reversed because the FBI could not avail itself of the safe harbor provision of Rule 11(c)(2). We agree, and consequently reverse the district court’s award of sanctions.

“An appellate court should apply an abuse-of-discretion standard in reviewing all aspects of a district court’s Rule 11 determination.” Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 , 110 S.Ct. 2447 , 110 L.Ed.2d 359 (1990). “A district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Id.

A party may move for Rule 11 sanctions if its adversary makes a frivolous filing or otherwise makes a contention for an improper purpose. G.C. & KB. Investments, Inc. v. Wilson, 326 F.3d 1096, 1109 (9th Cir.2003). Such a motion may not be filed, however, unless…