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E. Authorization to File Motion for Contempt, Attorney’s Fees, or Sanctions

The Regional Attorney may not file a motion for contempt, attorney’s fees, or sanctions against a party or its counsel without authorization from the Office of General Counsel’s Sanctions Officer, who is the Associate General Counsel for Litigation Management Services (LMS). This requirement applies to EEOC motions under Fed. R. Civ. P. 11, and under other authority such as Fed. R. Civ. P. 26(g), 28 U.S.C. § 1927, or the court’s inherent powers. First, the Regional Attorney should discuss the matter with his or her LMS liaison attorney. The Regional Attorney should then discuss the intended motion with the Sanctions Officer. The Sanctions Officer may require a memorandum outlining the nature of the abusive practices, including supporting case law or other authorities, and may require that the motion and memorandum be sent to him or her for approval prior to filing.

The Regional Attorney may file a motion for expenses or sanctions, other than contempt, under Fed. R. Civ. P. 37 without prior approval from the Sanctions Officer.