XCO INTERNATIONAL INCORP. v. PACIFIC SCIENTIFIC CO

1 Citing case

  1. Lanphere v. 1 Corp.

    CASE NUMBER 10 C 4774 (N.D. Ill. May. 31, 2012)   Cited 1 times
    Declining to definitively opine as to which standard should apply and adopting the magistrate judge's recommendations under the de novo standard of review

    But as Defendants note, the denial of a motion, without more, is insufficient to show that party did not have a reasonable basis for the motion and is not grounds for an award of fees incurred in responding to that motion. Fed. R. Civ. P. 11(b); XCO Int'l Inc. v. Pac. Scientific Co., 2003 WL 2006595, at *7 (N.D. Ill. Apr. 25, 2003) (denying motion for attorneys fees because "while XCO did not prevail on its motions, such motions had a reasonable bases in fact and law"). Moreover, in this case, Judge Gilbert recommended that the Defendants' motion be granted in part, which indicates that the motion was founded at least in part.