Erdman

MEMORANDUM **

Enercon GmbH and its counsel, Mary Helen Sears, appeal the district court’s imposition of $25,000 in sanctions against them, jointly and severally, 'under Fed. R.Civ.P. 11. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Reviewing the district court’s order for abuse of discretion, see Sprewell v. Golden State Warriors, 231 F.3d 520, 530 (9th Cir.2000), we affirm the imposition of sanctions, but vacate the award of $25,000 against Ms. Sears, and remand to the district court for it to consider the materials Sears wishes to present regarding her ability to pay the amount ordered.

Enercon and Sears contend the defendants violated Fed.R.Civ.P. 11(c)(1)(A) by failing to wait at least 21 days after serving their amended motion for sanctions before filing the motion with the district court. We disagree. Although the defendants simultaneously served and filed their amended motion for sanctions, the defendants properly served their original motion for sanctions at least 21 days prior to filing, and Enercon had ample opportunity to withdraw its amended complaint. See Barber v. Miller, 146 F.3d 707, 710 (9th Cir.1998) (“The purpose of the safe harbor ... is to give the…