Siddle et al v. Connectgov, Inc. et al

Filing 356

ORDER ruling on pending motions. Signed by District Judge Aleta A. Trauger on 3/26/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION BRUCE K. SIDDLE, ET AL., ) ) ) ) ) ) ) ) ) Plaintiffs, v. DOCTOR R. CRANTS, JR., ET AL., Defendants. BRUCE K. SIDDLE, ET AL., ) ) ) ) ) ) ) ) ) Plaintiffs, v. CONNECTGOV, INC., ET AL., Defendants. Case No. 3:09-cv-00175 Judge Aleta A. Trauger Case No. 3:09-cv-01137 Judge Aleta A. Trauger ORDER For the reasons set forth in the accompanying Memorandum, the court hereby finds as follows in Siddle I and Siddle II1: • Subject to the specific reductions set forth in the accompanying Memorandum, each defendant’s application for fees under Fed. R. Civ. P. 54 is GRANTED. To the extent any defendants have requested sanctions against Mary Parker under 28 U.S.C. § 1927, those requests are DENIED. The defendants’ requests for sanctions against Rex Carr under § 1927 are GRANTED IN PART and 1 As in the accompanying Memorandum, the court will refer to Bruce K. Siddle, et al. v. Doctor R. Crants, Jr, et al., Case No. 3:09-cv-0175, as “Siddle I,” and will refer to Bruce K Siddle, et al. v. Connectgov, Inc., et al., No. 3:09-cv-01137, as “Siddle II.” Therefore, the court will refer to docket entries in Siddle I [i.e., Case No. 3:09-cv-0175] as “Siddle I Docket Entry No. [X],” and will refer to docket entries in Siddle II [i.e., Case No. 3:09-cv-01137], as “Siddle II Docket Entry No. [X].” 1 DENIED IN PART. The defendants’ requests for sanctions against Bruce Carr under § 1927 are GRANTED IN PART and DENIED IN PART. • The motions jointly filed by defendants Oaks and LBMC pursuant to both Rule 54 and § 1927 (Siddle I Docket Nos. 344 and 385; Siddle II Docket Nos. 264 and 284) are hereby GRANTED IN PART and DENIED IN PART. The Siddles are JOINTLY AND SEVERALLY LIABLE to Oaks and LBMC for $326,630.82 across both cases. As a sanction under § 1927, Bruce Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles to Oaks and LBMC for $90,000 of the fee award to Oaks and LBMC across both cases, and Rex Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles and with Bruce Carr to Oaks and LBMC for $15,000 of the fee award to Oaks and LBMC in Siddle I. • The motion filed by Linda Cooper pursuant to Rule 54 and § 1927 (Siddle I Docket No. 347) is GRANTED IN PART and DENIED IN PART. The Siddles are JOINTLY AND SEVERALLY LIABLE to Cooper for $13,164.32. As a sanction under § 1927, Bruce Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles to Cooper for $2,500 of the fee award to Cooper, and Rex Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles and Bruce Carr to Cooper for $1,500 of the fee award to Cooper. • The motions filed by Crawford and GSRM pursuant to both Rule 54 and § 1927 (Siddle I Docket Nos. 345 and 386; Siddle II Docket Nos. 265 and 285) are GRANTED IN PART and DENIED IN PART. The Siddles are JOINTLY AND SEVERALLY LIABLE to Crawford and GSRM for $286,251.88 across both cases. As a sanction under § 1927, Bruce Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles to Crawford and GSRM for $75,000 of the fee award to Crawford and GSRM across both cases. • The motions filed by Crants and Connectgov pursuant to Rule 54 (Siddle I Docket Nos. 342 and 387; Siddle II Docket Nos. 262 and 286)) are GRANTED. The motion jointly filed by Crants and Connectgov pursuant to § 1927 (Siddle I Docket No. 441; Siddle II Docket No. 320) is GRANTED IN PART and DENIED IN PART. The Siddles are JOINTLY AND SEVERALLY LIABLE to Crants for $228,027.84. As a sanction under § 1927, Bruce Carr is JOINTLY AND SEVERALLY with the Siddles to Crants for $75,000 of the fee award to Crants. The Siddles are also JOINTLY AND SEVERALLY LIABLE to Connectgov for $48,174.78. As a sanction under § 1927, Bruce Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles to Connectgov for $30,000 of the fee award to Connectgov. 2 • The motions filed by Crants III and the Pharos Defendants pursuant to Rule 54 (Siddle I Docket No. 393 (Crants III); Siddle II Docket No. 272 (Pharos Defendants)) are GRANTED. The motion jointly filed by the Crants III and the Pharos Defendants pursuant to § 1927 (Siddle I Docket No. 435; Siddle II Docket No. 312) is GRANTED IN PART and DENIED IN PART. The Siddles are JOINTLY AND SEVERALLY LIABLE to Crants III for $1,125,247.26 and are JOINTLY AND SEVERALLY LIABLE to the Pharos Defendants for $132,241.14. As a sanction under § 1927, Bruce Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles to Crants III for $115,000 of the fee award to Crants III and to the Pharos Defendants for $25,000 of the fee award to the Pharos Defendants. As a sanction under § 1927, Rex Carr is JOINTLY AND SEVERALLY LIABLE with the Siddles and Bruce Carr to Crants III for $15,000 of the fee award to Crants III. • The Siddles’ Motion for Hearing (Siddle I Docket No. 454; and Siddle II Docket No. 333) is DENIED. Furthermore, for the reasons stated in the accompanying Memorandum, the court also hereby finds as follows: • The Third-Party Complaint filed by the Siddles in each case (Siddle I Docket No. 415; Siddle II Docket No. 297) is DISMISSED WITHOUT PREJUDICE. • The Counterclaim filed by Crants III (Siddle I Docket No. 299) is DISMISSED AS MOOT. • The Siddles’ Motion to Dismiss Counterclaim (Siddle I Docket No. 354) is DENIED AS MOOT. Therefore, the clerk is directed to term the following docket entries in each case: • Siddle I (Case No. 3:09-cv-0175): Docket Nos. 385, 386, 387, 393, 435, 441, and 454.2 2 As explained in the accompanying Memorandum, this Order also makes rulings relative to several motions that were filed but not designated as “pending” on the Siddle I docket, including Siddle I Docket Nos. 342, 344, 345, 347, and 354. Those entries shall remain closed. 3 • Siddle II (Case No. 3:09-cv-01137): Docket Nos. 262, 264, 265, 272, 284, 285, 286, 312, 320, and 333. In sum, this Order rules upon all of the pending motions in both cases. It is so ORDERED. Enter this 26th day of March, 2013. _____________________________ ALETA A. TRAUGER United States District Judge 4

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