Tiscareno et al v. Frasier et al

Filing 566

MEMORANDUM DECISION AND ORDER denying 533 Plaintiffs Motion for Attorney Fees without Prejudice; denying as moot 537 Defendant's Motion to Strike ; granting in part and denying in part 541 Defendants motion to reconsider or clarify. Signed by Judge Clark Waddoups on 3/10/2016. (jds)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

ABBY TISCARENO and GUILLERMO
TISCARENO,

MEMORANDUM DECISION AND
ORDER

Plaintiffs,
v.

Case No. 2:07-cv-00336

LORI FRASIER, et al.,

Judge Clark Waddoups

Defendants.

This matter came before the court on Plaintiffs’ motion for attorney fees pursuant to the
court’s order awarding fees as a sanction for Defendant IHC’s bad faith conduct in the litigation.
(Dkt. No. 533). Defendant responded by asking the court to reconsider its original order authorizing
sanctions, or, in the alternative, to clarify the scope of its sanctions order. (Dkt. No. 541). Defendant
also asked the court to strike portions of Plaintiffs’ motion for attorney fees. (Dkt. No. 537). The
court held a hearing on the motion to reconsider and motion to strike on March 9, 2016. After
careful consideration of the parties’ filings, oral arguments, record evidence, relevant authority, and
otherwise being fully advised, the court hereby ORDERS, for the reasons stated on the record:
(1) Defendant’s motion to reconsider or clarify (Dkt. No. 541) is GRANTED in part and
DENIED in part. The court denies the request to reconsider its prior sanctions order but
clarifies the scope of its sanctions ruling going forward. Plaintiffs may recover attorney
fees limited to the amount of fees incurred litigating the state action issue in the period
of time between September 2011 and February 2013.
(2) Defendant’s motion to strike (Dkt. No. 537) is DENIED as moot, based on the court’s
clarification of its sanctions order.

(3) Plaintiffs’ motion for attorney fees (Dkt. No. 533) is DENIED without prejudice to
refiling. Plaintiffs are directed to submit a renewed motion for attorney fees, consistent
with the court’s sanctions order as clarified, within thirty days of receiving the
transcript of the March 9, 2016 hearing.
SO ORDERED this 10th day of March, 2016.
BY THE COURT:
______________________________
Clark Waddoups
United States District Court Judge

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