Judge Nancy Bannon
Jaguar Jewelry Casting (JJC) moved to impose sanctions, including attorney fees, for defendants’ frivolous motion practice in this action for damages and breach of contract. This court previously granted judgment in JJC’s favor, and subsequently awarded it attorney fees. Defendants filed a notice of appeal, but never perfected the appeal. The court also denied defendants’ motion to vacate the order granting attorney fees, finding defendants failed to allege any facts constituting a ground for vacatur. Defendants failed to satisfy the judgments against them, nor comply with information subpoenas plaintiff served, and were found in contempt. They again moved to vacate the order, which was denied, and then moved to reargue and renew the prior motion, which was also denied. The court now found defendants motions were without merit as they were untimely and barred by the principle of law of the case. It concluded defendants’ motion was intended to primarily delay the resolution of this litigation, finding same was a “misuse of judicial resources,” and that defendants engaged in frivolous motion practice. The court found defendants’ arguments to the contrary were unpersuasive, and granted JJC’s motion for sanctions.
