United States District Court, E.D. Pennsylvania
February 11, 2004.
PRO SPICE, INC., Plaintiff,
OMNI TRADE GROUP, INC., ANDYAN AHARDJA SHANK'S EXTRACTS, INC., YORK IMPORT AND EXPORT, INC., Defendants
The opinion of the court was delivered by: RONALD BUCKWALTER, District Judge
MEMORANDUM AND ORDER
In response to this court's order of December 16, 2003, plaintiff
filed a brief which was not responsive, as pointed out by defendants, to
that order in that a bill for filing the motion for sanctions and brief
in support thereof was not attached. To plaintiffs credit, it immediately
responded to defendants' reply by submitting an itemized bill to the
In pertinent part, that itemized bill indicates that 51.70 hours of
work were spent on the aforesaid brief primarily by JL Swichar. 8.7 hours
were spent by AJ Lawrow in pulling trial exhibits, pulling exhibits for
the brief and finish assembling exhibits for the brief. SM Richman spent
3.1 hours to review the draft brief and revise it. JL Swichar thus spent
almost 40 hours in the preparation of this brief including 4 ½ hours of
strategy sessions with SM Richman. The $9,762.00 bill for this work seems
somewhat excessive in light of the history of this case at the time this
brief was prepared. In any event, the sanction the court had in mind in
this case developed from what the court felt was incomplete disclosure on
the part of defendants, although
the court acknowledged it was difficult to determine who exactly
was correct. Clearly, some of the discovery produced by defendants on the
eve of trial should have been produced in response to earlier discovery.
On the other hand, plaintiff should have been able to brief its argument
in support of sanctions over a shorter period of time. Reasonable
expenses, I conclude, are $1,500.00 and direct defendants to pay that sum
IT IS SO ORDERED.
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