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Jackling v. Brighthouse Life Ins. Co.

Court Infers Bad Faith, Assesses Fees on Plaintiff's Counsel

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DECISION AND ORDER Before the Court is Defendant Brighthouse Life Insurance Company’s motion seeking costs pursuant to 28 U.S.C. §1927.1 (Nov. 17, 2021, ECF No. 40.) Plaintiff has not filed any opposition.2 For the reasons stated below, the Court grants Defendant’s application, awarding Defendant’s counsel a portion of their requested amount.3 PROCEDURAL AND FACTUAL HISTORY Defendant seeks recovery of costs pursuant to 28 U.S.C. §1927 because Plaintiff’s counsel’s actions forced Defendant to engage in “unnecessary motion practice” in filing a motion to dismiss. (Def.’s Mot. Seeking Costs 3, ECF No. 40.) Defendant originally requested a recovery of costs pursuant to 28 U.S.C. §1927 in its motion to dismiss. (Mot. to Dismiss 2, ECF No. 16-1.) Defendant asserts it was forced to conduct unnecessary motion practice because Plaintiff’s counsel included and later failed to remove unnecessary defendants from this action.4 (Compl. at 1, ECF No. 1-1.) Plaintiff’s counsel identified several defendants other than Brighthouse Life Insurance Company in his complaint: “Travelers,” “Metlife,” “Genworth,” and “Brighthouse Financial.” (Compl.

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