Southern Snow Manufacturing Co., Inc. v. SnoWizard Holdings, Inc. et al, No. 2:2006cv09170 - Document 555 (E.D. La. 2012)

Court Description: ORDER & REASONS re 498 MOTION to Withdraw 487 MOTION for Sanctions Under Rule 11 filed by Plum Street Snowballs, Theodore Eisenmann, Raggs Supply, LP, Special T Ice Co., Inc., Van's Snowballs, Parasol Flavors, LLC, Southern Snow Manuf acturing Co., Inc., Simeon, Inc., Snow Ingredients, Inc., Banister & Co., Inc., Milton Wendling, Doty Management, LLC, Julie K. Doty, and Ron Robinson: IT IS ORDERED that the movants' ExParte Motion to Withdraw Motion for Sanctions Under Rule 11, is hereby GRANTED AND IT IS FURTHER ORDERED that SnoWizard's request for reasonable attorney fees is DENIED. Signed by Judge Nannette Jolivette Brown on 9/21/2012.(Reference: All cases)(rll, ) Modified on 9/21/2012 to edit doc type (rll, ).

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Southern Snow Manufacturing Co., Inc. v. SnoWizard Holdings, Inc. et al Doc. 555 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SOUTHERN SNOW MANUFACTURING CO., INC. VERSUS CIVIL ACTION NO. 06-9170 09-3394 10-0791 11-0880 11-1499 SNOWIZARD HOLDINGS, INC. ET AL SECTION: “G” (1) ORDER AND REASONS Before the Court is a motion styled “ExParte Motion to Withdraw Motion for Sanctions Under Rule 11,” submitted by Plum Street Snowballs, Theodore Eisenmann, Raggs Supply, LP, Special T Ice Co., Inc., Van’s Snowballs, Parasol Flavors, LLC, Southern Snow Manufacturing Co., Inc., Simeon, Inc., Snow Ingredients, Inc., Banister & Co., Inc., Milton “Buddy” Wendling, Doty Management, LLC, Julie K. Doty, and Ron Robinson, variously Plaintiffs and Counter-Defendants in this action wherein they seek to withdraw their Motion for Sanctions Under Rule 11 (Rec. Doc. 487) “with prejudice regarding only the specific incidents asserted in the motion.”1 SnoWizard, Inc. objects and opposes the Motion to Withdraw Motion for Sanctions because it seeks payment of reasonable attorney fees incurred by SnoWizard as a result of the motion pursuant to Rule 11(c)(2). Presumably, SnoWizard is referring to the portion of FRCP, Rule 11(c)(2), which states, “If warranted, the Court may award to the prevailing party the reasonable expenses, including attorney’s fees, incurred for the motion.” (emphasis added). A review of the docket demonstrates that the parties in these consolidated matters have a long history of conflict that has played itself out in nearly every section of this Court over many years. In the spirit of encouraging cooperation and civility among the parties, and in exercising its 1 Rec Doc. 498. Dockets.Justia.com discretion, this Court will grant the Motion to Withdraw Motion for Sanctions and deny SnoWizard’s request for reasonable attorney fees. According, IT IS ORDERED that the movant’s “ExParte Motion to Withdraw Motion for Sanctions Under Rule 11,” is hereby GRANTED AND IT IS FURTHER ORDERED that SnoWizard’s request for reasonable attorney fees is DENIED. New Orleans, Louisiana, this 21st day of September, 2012. ________________________________________ NANNETTE JOLIVETTE BROWN UNITED STATES DISTRICT JUDGE 2

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