Opinion
CV 97-0407-JSL
January 20, 2000
The motion of defendants Jerry Sumpton, et al., for recovery of attorneys' fees was decided without hearing on January 19, 2000.
Under Fed.R.Civ.P. 11(c)(1)(B), the Court on its own initiative can impose monetary sanctions on a party for presenting to the Court a frivolous motion. Though it would appear that the Motion presently before the Court is frivolous per se in violation of subdivision (b)(2) of that rule, the Court is obligated to issue an order to show cause before sanctioning a party.
Defendant's conduct at issue consists in moving the Court to decide that a case in which the Court has previously granted summary judgement for Plaintiff, had been brought by Plaintiff frivolously.
To award attorneys' fees under the Lanham Act, a court must find that the case before it is an "exceptional" one. 15 U.S.C. § 1117(a). A case is "exceptional" if it is "groundless unreasonable, vexatious, or pursued in bad faith." Stephen W. Boney Services, Inc. v. Boney Services, Inc., 127 F.3d 821, 827 (9th Cir. 1997). IN granting summary judgment for the Plaintiff, the Court has a priori decided that the lawsuit was a legitimate one and neither groundless, unreasonable, vexatious, nor pursued in bad faith.
Having reviewed the papers filed in connection with this matter, and being fully apprised of the relevant facts and law,
IT IS HEREBY ORDERED that the motion of defendants Jerry Sumpton, et al., for recovery of attorneys' fees be denied and that defendants Jerry Sumpton, et al., show cause as to why they should not be sanctioned.
IT IS SO ORDERED.