IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RELIGIOUS TECHNOLOGY § CENTER VS. § CIVIL ACTION NO. 6: 0 V 503 DELL LIEBREICH, as Personal § Representative of the ESTATE OF § LISA McPHERSON § ORDER Before the Court is Defendant's Motion for Rehearing and Reconsideration of this Court's Order Entered May 22, 2002, Motion for Hearing and Motion for Sanctions Against Plaintiff's Counsel (doc. # 187). The Court believes that its recitation of the conduct of Defendant's counsel in filing numerous motions making arguments "repeated over and over again" after their merit was initially found lacking by the Court early in the litigation, coupled with the record, including Plaintiff's detailed listing of the meritless motions made by Defendant enumerated in Plaintiff's Motion for Sanctions under 28 U.S.C. § 1927, is sufficient to support the Court's finding that Defendant's counsel multiplied the proceedings "unreasonably" and "vexatiously." Further, the Court finds that Defendant's counsel had ample time and opportunity to request a hearing on Plaintiff's motion for sanctions and to reply to said motion. Accordingly, the Court believes that defense counsel have been provide due process. Defense counsel had ample time and opportunity to provide the Court with evidence of financial position. Such attempt at this point in the litigation is untimely. The Court further notes that Defendant's counsel throughout this litigation has been Dandar & Dandar and Kennan Dandar attended and participated in depositions early on in the litigation. Again, such arguments should have been presented to the Court in the Defendant's initial response to Plaintiff’s motion and are untimely made. Defendant presents no new arguments or newly discovered evidence showing the need to correct manifest errors of law or fact. Accordingly, it is the opinion of the Court that the motion is not well taken and should be DENIED. IT IS SO ORDERED. SIGNED this 28th day of June, 2002. [signed] JOHN HANNAH, JR. UNITED STATES DISTRICT JUDGE |
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RELIGIOUS TECHNOLOGY § CENTER § VS. § CIVIL ACTION NO. 60 CV 503 DELL LIEBREICH, as Personal § Representative of the ESTATE OF § LISA McPHERSON § FINAL JUDGMENT ON ATTORNEYS' FEES The Court, having previously found that Plaintiff is entitled to reasonable attorneys' fees as the prevailing party in its May 22, 2002 Order, hereby enters this Final Judgment in favor of Religious Technology Center against Defendant, Dell Liebreich as Personal Representative of the Estate of Lisa McPherson, in the amount of $240,033.00 with post judgment interest at the rate of 1.732 percent from the date of this judgment until paid. SIGNED this 28th day of June, 2002 . [signed] JOHN HANNAH, JR. UNITED STATES DISTRICT JUDGE This amount is the sum of $229,358 in attorneys' fees and $10,675.00 in costs. |
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RELIGIOUS TECHNOLOGY § CENTER § VS. § CIVIL ACTION NO. 6.0 CV 503 DELL LIEBREICH, as Personal § Representative of the ESTATE OF § LISA MCPHERSON § FINAL JUDGMENT ON § 1927 MOTION The Court, having previously awarded $98,296.00, to Plaintiff against Thomas and Kennan Dandar, personally, as a portion of the attorneys' fees reasonably incurred by Plaintiff in response to vexatious conduct on the part of Defense Counsel, pursuant to 28 U.S.C. § 1927, hereby enters this Final Judgment against Thomas and Kennan Dandar, jointly and severally, in the amount of $98,296.00 with post judgment interest at 1.732 percent from the date of this judgment until paid. SIGNED this 28th day of June, 2002. JOHN HANNAH, JR. UNITED STATES DISTRICT JUDGE |
To Life and Death of Lisa McPherson