Ojavan Investors, Inc.; Port Lemore Corporation; Suttonproperties, Inc.; Sealubber, Inc.; Pakid Holdings; Maleckagency, Ltd.; Quelimane Co.; Mtg Alliance Corp.; Highlandgroup, Inc.; P.u. Enterprises; Peter D. Bogart,plaintiffs-appellants, v. California Coastal Commission; Superior Court, State Ofcalifornia, County of Los Angeles; County of Losangeles, Defendants-appellees.ojavan Investors, Inc.; Port Lemore Corporation; Suttonproperties, Inc.; Sealubber, Inc.; Pakid Holdings; Maleckagency, Ltd.; Quelimane Co.; Mtg Alliance Corp.; Highlandgroup, Inc.; P.u. Enterprises; Peter D. Bogart,plaintiffs-appellants, v. California Coastal Commission; Superior Court, State Ofcalifornia, County of Los Angeles; County of Losangeles, Defendants-appellees, 85 F.3d 637 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 85 F.3d 637 (9th Cir. 1996) Argued and Submitted May 8, 1996. Decided May 13, 1996

Before: HALL, O'SCANNLAIN, and KLEINFELD, Circuit Judges.


ORDER

The court remands this case to the district court for a period of thirty days so that Judge Hatter may have an opportunity to articulate his reasons for imposing Rule 11 sanctions.

Rule 11 states that " [w]hen imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed ." Fed. R. Civ. P. 11(c) (3) (emphasis added). Here, Judge Hatter's order does not describe the conduct determined to be in violation or include his reasons for levying sanctions against Ojavan. From the record, it appears that the complaint was frivolous and we assume that this is the reason why Judge Hatter imposed sanctions. However, absent an explanation from Judge Hatter, we cannot be sure of his reasons.

Because Rule 11 requires the district court to articulate its reasons for issuing sanctions, we remand this case to the district court for the sole purpose of allowing Judge Hatter an opportunity to explain his reasons for imposing sanctions. The panel will retain jurisdiction over the matter.

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