Summary
holding that "Rule 408 is inapplicable if offered to show that a party made fraudulent statements in order to settle a litigation"
Summary of this case from Palmer v. Wal-Mart Stores E., L.P.Opinion
CIVIL ACTION No.: 09-cv-3194
12-22-2011
CARVER BENSON, et al. Plaintiffs, v. GIANT FOOD STORES, LLC, et al. Defendants.
ORDER
AND NOW, this 22nd day of December, 2011, upon consideration of Defendant's Motion For Attorney Fees and Expenses (Doc. No. 93), Plaintiffs' Answer in Opposition (Doc. No. 94), and Defendant's Reply (Doc. No. 100), and following oral argument and supplemental briefing, it is hereby ORDERED that Defendant's motion is DENIED.
On March 18, 2011, Defendant filed a Supplemental Brief. (Doc. No. 124). On March 25, 2011, Plaintiffs filed a Supplemental Brief, and Defendant filed a Second Supplemental Brief. (Doc. Nos. 126, 127).
The Court declines to award Defendant attorney fees incurred prior to trial or those incurred responding to Plaintiffs' Motion for a New Trial, Plaintiffs' Motion for Reconsideration, and Plaintiffs' request for attorney fees.
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It is FURTHER ORDERED that Plaintiffs' request attorney fees pursuant to Federal Rule of Civil Procedure 11 is DENIED.
BY THE COURT:
Lynne A. Sitarski
UNITED STATES MAGISTRATE JUDGE