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Prominent GMBH v. Prominent Systems, Inc.

United States District Court, W.D. Pennsylvania

August 22, 2019

PROMINENT GMBH, et al., Plaintiffs,
v.
PROMINENT SYSTEMS, INC., Defendant.

          MEMORANDUM OPINION ECF NO. 170

          LISA PUPO LENIHAN MAGISTRATE JUDGE.

         A Motion for Sanctions was filed by Plaintiffs on July 3, 2019. ECF No. 170. The Motion will be denied for the reasons set forth below.

         I. PROCEDURAL BACKGROUND

         This Motion follows a Motion to Compel by Defendants and a Renewed Motion for Default by Plaintiffs. In the present Motion, Plaintiffs are seeking sanctions against the Defendant, its prior counsel and its current counsel.

         Plaintiffs move for sanctions against

1) Defendant and prior counsel Romero for costs associated with their motion to compel filed November 8, 2017, ECF No. 66;
2) Defendant and current counsel Sneath for false interrogatory responses;
3) Against Sneath for Plaintiffs' costs associated with responding to Defendant's Motion to Stay, ECF No. 94;
4) Defendant and Sneath for Plaintiffs' costs associated with responding to Defendant's Motion to Compel, ECF No. 105; and
5) Defendant and Sneath for Plaintiffs' costs associated with processing and reviewing the approximately 2600 pages of documents produced by Defendant on the evening of June 28, 2019.

ECF No. 171 p. 6.

         A brief in opposition to the Motion was filed by prior counsel Romero on July 15, 2019. ECF No. 176. A brief in opposition was filed by Defendant and current counsel on July 17, 2017. ECF No. 177. Plaintiffs advised at the telephone conference on August 8, 2019, that if the Court grants their Motion for Partial Summary Judgment, they would be willing to withdraw this Motion. However, since discovery is still ongoing, and Defendants will not be filing a response to that motion until late October due to ongoing discovery, and since there is no guarantee that the Motion for Partial Summary Judgment will be granted, the Court will address this Motion now.

         II. ANALYSIS

         1. Request for Sanctions against Defendant and prior counsel Romero for costs associated with their motion to ...


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