Jimenez v. Bank of America et al

Filing 44

ORDER DENYING (1) REQUEST FOR FEES AND (2) MOTION TO STRIKE. Signed by Judge Charles R. Breyer on 6/20/2011. (crblc1, COURT STAFF) (Filed on 6/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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GABRIEL JIMENEZ,

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Plaintiff,

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No. C 09-05575 CRB
ORDER DENYING (1) REQUEST FOR
FEES AND (2) MOTION TO STRIKE

v.
BANK OF AMERICA FKA,

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Defendant.

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In this mortgage case, Defendant has asked the Court to order Plaintiff to award

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Defendant its legal fees under Rule 11, arguing that Plaintiff’s Complaint lacks evidentiary

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support, is not warranted by the existing law, and was filed for an improper purpose.

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See dkt. 29. In turn, Plaintiff asks the Court to strike the Supplemental Declaration of James

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Goldberg filed in connection with Defendant’s filing, arguing that “enough is enough,

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already.” See dkt. 42 at 1. The Court has carefully considered the parties’ arguments and

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hereby DENIES both requests. Although the Court is very much concerned with counsel

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Sharon Lapin’s conduct in this case, it is not prepared to conclude that she brought this suit

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with an improper motive, as Defendant asserts. Nor does the Court find that the

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Supplemental Declaration was improper or unfairly prejudicial.
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: June 20, 2011
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United States District Court
For the Northern District of California

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G:\CRBALL\2009\5575\order re lapin.wpd

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