BISTRIAN v. WARDEN TROY LEVI et al

Filing 519

MEMORANDUM AND ORDER THAT MOTION FOR SANCTIONS (DOC. 495) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. MOTION (DOC. 465) IS GRANTED. MOTION (DOC. 462) IS GRANTED IN PART AND DENIED IN PART. MOTION (DOC. 495) IS GRANTED. MOTION (DOC. 385) IS DENIED. NO LATER THAN 4/8/22 PLAINTIFF SHALL SUBMIT TO THE COURT AN ACCOUNTING OF PLAINTIFFS LEGAL FEES AND OTHER EXPENSES ENCOMPASSED BY THE SANCTIONS THE COURT HAS GRANTED, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/25/22. 3/25/22 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PETER BISTRIAN,
Plaintiff,
v.

CIVIL ACTION NO. 08-3010

WARDEN TROY LEVI, FDC
PHILADELPHIA, et al.,
Defendants.
ORDER

AND NOW, this 25th day of March 2022, upon consideration of Plaintiff’s Motion for
Sanctions Against the Government for Failing to Produce FBI Records Concerning Northington
Attack [Doc. No. 495] and the related briefing, it is hereby ORDERED that, as further outlined
in the accompanying Memorandum Opinion, the motion is GRANTED in part and DENIED in
part as follows:
1. Plaintiff’s motion for the United States to pay attorneys’ fees and costs in connection
with Plaintiff’s Motion to Compel United States to Review FBI Documents and to
Produce Relevant Documents [Doc. Nos. 465, 477] is GRANTED.
2. Plaintiff’s motion for the United States to pay attorneys’ fees and costs in connection
with Plaintiff’s Motion for New Trial as to James Gibbs [Doc. Nos. 462, 481] is
GRANTED with respect to Plaintiff’s reply brief costs and DENIED with respect to
Plaintiff’s motion costs.
3.

Plaintiff’s motion for the United States to pay attorneys’ fees and costs in connection
with Plaintiff’s Motion for Sanctions Against the Government for Failing to Produce
FBI Records Concerning Northington Attack [Doc. No. 495] is GRANTED.

4. Plaintiff’s motion for the United States to pay attorneys’ fees and costs in connection
with the depositions of Officer Kehinde Akano, Officer William Jezior, and Special
Agent Heaney taken pursuant to the February 5, 2021 Memorandum Opinion and
Order [Doc. Nos. 490, 491] is GRANTED in part and DENIED in part. The motion
is granted with respect to Officer Jezior’s deposition costs only.
5. Plaintiff’s motion for the United States to pay attorneys’ fees and costs in connection
with the deposition of James Gibbs, the trial testimony of James Gibbs, and Plaintiff’s
Motion for Judgment as a Matter of Law against Defendant James Gibbs [Doc. Nos.
385, 431, 437] is DENIED.
6. No later than April 8, 2022, Plaintiff shall submit to the Court an accounting of
Plaintiff’s legal fees and other expenses encompassed by the sanctions the Court has
granted. The Court defers ruling on the specific amount of monetary sanctions until
the submission of such information. The United States may file a response to
Plaintiff’s accounting no later than 7 days after it is filed.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.

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