Tuesday, January 20, 2009

Overreaching on Motion for Costs Yields a Goose Egg, with Prejudice

"Defendant’s pending motion for fees and expenses is so grossly overreaching that it will be denied in full and defendant will not be allowed a further opportunity to re-file a less greedy motion. Had defendant requested a number in the $30,000 to $40,000 range, it might have been allowed but defendant has gone beyond the pale and requested ten times that amount. The Court is thoroughly familiar with the case. It has a good sense of the actual degree of prejudice flowing from the short continuance and the actual degree of incremental burden reasonably incurred. The Court is most disappointed that defense counsel would overreach in this manner. . . . The motion is denied in full and with prejudice to re-filing."

Geo M. Martin Co. v. Alliance Machine Systems International, LLC, 3-07-cv-00692 (CAND January 15, 2009, Order)

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