Defendant's Motion for Rehearing and Reconsideration denied

CIVIL ACTION NO. 6:00 CV503 -- 28 June 2002




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

Final judgment on attorneys' fees



		
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.


Final judgment on § 1927 motion





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