Opinion
C.A. No. 04C-12-061-JRJ.
Submitted: June 20, 2007.
Decided: June 22, 2007.
Upon the Parties' Cross Motions for Rule 11 Sanctions — DENIED.
L. Vincent Ramunno, Esq., Ramunno, Ramunno Scerba, P.A., Wilmington, DE.
Jennifer H. Burbine, Esq., White Williams, LLP, Wilmington, DE.
Dear Counsel:
Plaintiff filed this slip and fall case in December 2004. Defendant has vigorously defended this suit for the past two and a half years. Defendant won at arbitration. Plaintiff appealed. Defendant had to file multiple motions to compel to obtain discovery. Defendant sought reimbursement for the costs and fees incurred in connection with each discovery motion. The Court deferred decision on those applications.
In March, 2007, only three weeks before the pretrial conference and only two months before trial, Plaintiff decided to dismiss her case. Defendant then filed a "Motion for Costs" pursuant to Super. Ct. Civ. R. 11(c) seeking $12,916.60 in attorney's fees and $1,717.06 in costs incurred in defending this suit. Plaintiff responded by filing a "Motion for Rule 11 Sanctions" against Defendant in which she seeks attorney's fees "for being forced to defend a clearly frivolous motion that is in patent violation of the strict requirements of Rule 11 and of the applicable law."
The Defendant's motion for costs should have been based on Rule 37, not Rule 11. If Defendant believed that the Plaintiff's claims were not warranted by existing law and/or had no evidentiary support, defendant should have served a Rule 11 Motion on Plaintiff long ago, pursuant to Super. Ct. Civ. R. 11(c)(1)(A). The Defendant did not comply with Rule 11(c)(1)(A), and the Court will not, under these circumstances, act sua sponte pursuant to Rule 11(c)(B). The Court will, however, award Defendant reasonable costs and fees incurred in connection with the discovery motions. Defendant shall submit an affidavit setting forth these costs and fees within 30 days.
Rule 11(d) expressly states that Rule 11(c) does not apply to discovery requests or Super. Ct. Civ. R. 37.
Plaintiff's Motion for Rule 11 Sanctions
Plaintiff has likewise failed to comply with Rule 11(c)(1)(A), and the Court, likewise, will not act sua sponte pursuant to Rule 11(c)(B).
IT IS SO ORDERED.