Cornerworld Corporation v. Timmer et al

Filing 95

MEMORANDUM OPINION AND ORDER re: Plaintiff CornerWorld Corporation's statement of attorney fees (Dkt. No. 91) ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

Cornerworld Corporation v. Timmer et al

Doc. 95

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION

C O R N E R W O R L D CORPORATION, P l a in tif f , F ile No. 1:09-CV-1124 v. H O N . ROBERT HOLMES BELL N E D TIMMER and PETER LAZOR, D e f e n d a n ts . / M E M O R A N D U M OPINION AND ORDER T his matter comes before the Court on Plaintiff CornerWorld Corporation's statement o f attorneys' fees. (Dkt. No. 91.) At the show cause hearing on August 25, 2010, the Court a d v is e d that it wanted "some costs" paid by Mr. VanderVeen and his law firm as a result of th e Mr. VanderVeen's improvident filing of the litigation captioned Timmer v. Woodland H o l d in g s Corp. in the Ottawa County Circuit Court. (Dkt. No. 94, Tr. of 08/25/2010 Show C a u s e Hr'g 33.) The Court directed CornerWorld to submit documentary evidence of the c o s ts incurred as a result of the state court litigation. (Id.) The Court asked counsel for C o rn e rW o rld to be conservative in its estimate of the costs incurred, and the Court further a d v is e d that it might pare the costs back. (Id. at 32-33.) In response to the Court's directive, CornerWorld has submitted documentation that it incurred $10,658.50 in fees associated with the removal of the state court litigation and an a d d itio n a l $23,355.00 in fees associated with the petition for an order of contempt.

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T h e costs incurred by CornerWorld are anything but conservative. They far exceed w h a t was minimally necessary to address the filing of the state court litigation. Accordingly, I T IS HEREBY ORDERED that if Mr. VanderVeen provides evidence that he has p a id counsel for CornerWorld $2,000.00 within ten days of this order, the Court will purge h is contempt.

Dated: September 9, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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