ELLIS v. ELLIS et al

Filing 89

ORDER denying 79 Motion for Reconsideration of Order Granting Rule 11 Sanctions filed by JASON M SCHIFFMAN; denying as untimely 77 (errata at 81 ) Motion for Leave to File Answer to Motion for Sanctions filed by JASON M SCHIFFMAN. Further orde red that 78 (errata at 82 ) Answer to Motion for Sanctions is stricken from the record. Defendants' Supplemental Affidavit setting forth additional fees incurred in filing the Response and Declaration to the Motion for Reconsideration is due by 12/26/2012. Plaintiffs' Counsel may file a Response to the Supplemental Affidavit no later than 1/2/2013. Signed by Judge Alan N. Bloch on 12/19/2012. (kmw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

REGIS ELLIS and BONNIE ELLIS,
his wife,
Plaintiffs,
vs.
BEEMILLER, INC. and MKS SUPPLY,
INC., t/dlb/a HI-POINT FIREARMS,
Defendants.

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Civil Action No. 09-1414

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ORDER

AND NOW, this 19th day of December, 2012, upon consideration of the Motion
for Reconsideration of Order Granting Rule 11 Sanctions (document No. 79) filed by Jason M.
Schiffman, Esquire, and Schiffman & Wojdowski in the above captioned matter on December 6,
2012, and upon further consideration of Defendants' Response thereto,
IT IS HEREBY ORDERED that said Motion is DENIED. The Court finds that
reconsideration is not warranted under any grounds outlined in Fed. R. Civ. P. 60(b).
AND, FURTHER, upon consideration of the Motion for Leave to File Answer to
Motion for Sanctions (document No. 77 (errata at document No. 81) filed by Jason M.
Schiffman, Esquire, and Schiffman & Wojdowski in the above captioned matter on December 6,
2012,
IT IS HEREBY ORDERED that said Motion is DENIED as untimely, the
deadline for Plaintiffs' counsel response having expired on December 30,2011 (see Order of
12/15/2011). In fact, Plaintiffs' counsel responded to the Motion for Sanctions by submitting

document Nos. 62 and 66. Therefore, Plaintiffs' counsel's Answer to Motion for Sanctions
(document No. 78 (errata at document No. 82)) is STRICKEN from the record.
Defendants shall file no later than December 26,2012, a supplemental affidavit
setting forth any additional fees incurred in filing the response and declaration to the Motion for
Reconsideration. Plaintiffs' counsel may file a response to the supplemental affidavit no later
than January 2,2013.

s/Alan N. Bloch
United States District Judge
ecf:

Counsel of record