Opinion
No. 03 C 1376.
March 2, 2004
ORDER
This matter comes before the Court on Ford Motor Credit Company's motion for sanctions against Krohn Moss. The parties have executed limited consents to this Court's jurisdiction to decide this motion. The Court held oral argument on November 24, 2003 at which time the Court indicated that it would await the outcome of a similar motion in Moline v. Experian Information Solutions, 03 C 1375 pending before Judge Ruben Castillo.
On January 13, 2004, Judge Castillo entered an order granting Defendant's motion for sanctions pursuant to 28 U.S.C. § 1927. A copy of Judge Castillo's order is enclosed. This Court adopts Judge Castillo's decision and agrees with his conclusion that Plaintiff's conduct unreasonably and vexatiously multiplied the proceedings and therefore the Court imposes sanctions under 28 U.S.C. § 1927. The firm of Krohn Moss filed two separate cases at the same time making the same claims against defendants in this case and in the Experian case. Counsel refused numerous requests to voluntarily dismiss the complaints. Not until Judge Castillo granted summary judgment in the Experian case did Plaintiff voluntarily dismiss this case. In particular, Experian presented Judge Castillo with a reversal request for Plaintiff signed three years after his divorce stating he agreed and understood that he was not released from liability and that he remained jointly and severally liable until the FMCC account was paid in full.
Accordingly, the Court adopts Judge Castillo's opinion and grants Ford Motor Credit Company's motion for sanctions against Krohn Moss. The Court encourages the parties to settle the issue of attorney's fees and costs without additional briefing. If the parties cannot agree on the proper amount and fail to submit a proposed agreed order by March 23, 2004, Defendant Ford Motor Credit Company shall submit its petition for fees and costs in compliance with Local Rule 54.3 on or before April 6, 2004. Plaintiff shall file its response on or before April 27, 2004. Defendant shall file its reply, if any, on or before May 11, 2004. A ruling will be made by mail on or before May 25, 2004.