Case 1:13-cv-08563-PKC Document 5 Filed 01/16/14 Page 1 of 2

Case 1:13-cv-08563-PKC Document 5 Filed 01/16/14 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 200,000 TOWERS INVESTORS RESTITUTION VICTIMS IN PENSION FUNDS, MUTUAL FUNDS, THE COUNTRY OF CAPE VERDE, CORPORATE EMPLOYEE PENSION UNIONS, CHURCHES, AND INDIVIDUAL INVESTORS IN TOWERS FINANCIAL CORP. WHO ARE THE BENEFICIARIES OF STEVEN HOFFENBERG'S JUDGE SWEET ORDERED $475 MILLION RESTITUTION THAT IS NOW UNDER TWO BILLION DOLLARS PLUS ACCRUED INTEREST, -against- USDS SDNY DOCUMENT ELECTRONICALLY FILED DOC I; DATE FILED: fie Petitioners, 13 Civ. 8563 (PKC) ORDER UNITED STATES OF AMERICA BY THE U.S. PROBATION OFFICE NEW YORK CITY STAFF BREACH OF THE CRIME VICTIMS ACT, Respondent. CASTEL, District Judge: This Court's Order of December 18, 2013 ordered "Petitioners and Alan Fraade of the Jinn of Mintz & Fraade, ... to show cause in writing by January 17, 2014, why this action should not be dismissed and sanctions imposed under Rule 11(b), Fed. It Civ. P., with petitioners' counsel disqualified from representing petitioners." Petitioners and Fraade have responded and seeks to withdraw the petition without opposition from the respondent. Rule 11(O(2), Fed. R. Civ. P., provides a safe harbor petiod during which an attorney may withdraw an offending document without suffering sanctions, after having been placed on notice by opposing counsel. Rule Il(c)(3) contains no equivalent safe harbor for a Court initiated sanction proceeding. For this reason, court initiated sanctions proceedings are EFTA00592318 Case 1:13-cv-08563-PKC Document 5 Filed 01/16/14 Page 2 of 2 -2- governed by a higher standard, and require subjective bad faith on the part of the attorney. Muhammad v. Walmart Stores East. L.P., 732 F.3d 104 (2d Cir. 2013). Because Mr. Fraade is withdrawing the offending pleading without objection from the respondent within the time set by this Court to respond to the Order to Show Cause, the Court, in the exercise of discretion and without adjudicating the merits of the sanctions issue, declines to proceed further with proceedings under Rule 11(cX3). The action is dismissed and the case is closed. SO ORDERED. P. Kevin Castel United States District Judge New York, New York January 16, 2014 EFTA00592319