Opinion
Case No. 2:02CV949TC.
June 17, 2004
Duane L. Ostler ATTORNEY AT LAW Bountiful, Utah, Counsel for Plaintiff.
ORDER
Defendant Comp USA's Motion to Dismiss, and Plaintiff Yaslam Issa's Motion for Leave to Amend Complaint were heard by the court on May 21, 2004. Duane L. Ostler appeared on behalf of Plaintiff Yaslam Issa. David P. Williams appeared on behalf of Defendant CompUSA. Having considered the arguments of counsel and the supporting materials submitted by counsel, THE COURT HEREBY ORDERS:
1. Defendant's Motion to Dismiss is denied;
2. Plaintiff's Motion for Leave to Amend Complaint is granted;
3. For Plaintiff's failure to respond to Defendant Comp USA's original Motion to Dismiss filed in October, 2002, the court finds sufficient prejudice, interference with the judicial process and culpability and orders that Plaintiff shall pay to Defendant the reasonable attorney fees expended by Defendant on its original Motion to Dismiss. Defendant shall file an affidavit of such fees, to which Plaintiff shall have the opportunity to object if he believes they are not reasonable. If the fees are found to be reasonable, they shall be awarded against Plaintiff.
4. Plaintiff shall hereafter file his Amended Complaint, to which Defendant shall respond within 20 days of service of the Amended Complaint upon it. The case shall then proceed in terms of scheduling, discovery and all other matters the same as all other civil cases.