The Estate of Larry Shaw et al v. Marcus et al

Filing 452

OPINION AND ORDER re: (275 in 7:14-cv-03849-NSR-JCM) LETTER MOTION for Discovery/costs of forensic review of computer/Rule 37 sanctions, pursuant to Court Order [ECF Nos. 261, 273] and in compliance with Local Rule 37.2, addressed to Magi strate Judge Judith C. McCarthy from Christopher Serbagi filed by David Marcus, Melissa Stevens, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus, (327 in 7:14-cv-03849-NSR-JCM) SECOND MOTION for Sanctions against Plaintiffs the Estate of Larry Shaw and Susan Shaw, and their attorney Joseph H. Adams filed by David Marcus, Melissa Stevens, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus. For the foregoing reasons, the Shaw Family's Sanctions Motion and Omnibus Sanctio ns Motion are granted in part and denied in part. Within two weeks of the date of this Opinion and Order, the Shaw Family shall submit a statement listing the: (i) costs incurred in conducting the restoration and search of the Computer; (ii) attorne ys' fees associated with the oral motion on April 8, 2016, the letter dated April 15, 2016, (Docket No. 254), and the letter dated April 18, 2016, (Docket No. 260), that were granted and resulted in the Court's April 19, 2016 Order, (Docke t No. 262); (iii) attorneys' fees associated with the April 8, 2016 conference; (iv) attorneys' fees in connection with the January 11, 2016 conference, in addition to counsel's time spent reviewing and responding to Mr. Adams' tw o unauthorized letters filed January 5, 2016, (Docket Nos. 187, 187-5); (v) attorneys' fees associated with the May 19, 2016 conference at which the parties and the Court discussed Mr. Adams' conduct at the January 7, 2016 meet-and-confer; and (vi) attorneys' fees in connection with bringing the Sanctions Motion and the Omnibus Sanctions Motion. Plaintiff and Mr. Adams shall have one week from the date on which the Shaw Family submits its statement in which to file any opposition to the fees and costs claimed therein. Plaintiff and Mr. Adams are cautioned that the failure to timely file an Opposition in conformity with the Court's rules will result in the Shaw Family's submission being deemed unopposed. The Clerk is respectfully requested to terminate the pending motions. (Docket Nos. 275, 327). (Signed by Magistrate Judge Judith C. McCarthy on 3/1/2017) (mml)