Monday, February 25, 2013

Frivolous Motion to Reconsider Sanctions Award Warrants Additional Sanctions Award

The court sustained defendant's objection to the magistrate judge's recommendation that the Rule 11 sanctions imposed against plaintiff did not extend to plaintiff's motion to reconsider the Rule 11 sanctions award. "I agree with [defendant] that it should not have had to file a second and separate motion for sanctions in connection with the reconsideration motion in order to recover attorneys' fees incurred in connection with opposing the sanctions motion. . . . The motion for reconsideration was itself frivolous. . . . [Plaintiff's] decision to seek reconsideration of the court's decision on the sanctions motion caused this court to waste even more time, and [defendant] to waste even more money, than had already been wasted in supervising and defending against this lawsuit. . . . Accordingly . . . the court awards an additional $12,745.35 in sanctions incurred in connection with the motion for reconsideration."

Source Vagabond Systems, Ltd. v. Hydrapak, Inc., 1-11-cv-05379 (NYSD February 21, 2013, Order) (McMahon, J.).

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