UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 25, 2006
DARRELL SCOTT BERG, PLAINTIFF,
YELLOW TRANSPORTATION, INC., DEFENDANT.
The opinion of the court was delivered by: Sharpe U.S. District Judge
On March 3, 2006, the court granted Yellow's motion for judgment on the pleadings and dismissedBerg's complaint in its entirety. See Dkt. No. 14. Pursuant to Rule 11 of the Federal Rules of Civil Procedure, the court ordered Berg to file an affidavit setting forth the good faith legal and factual basis for his complaint. See id. Finding no good faith basis for Berg's complaint, the court subsequently entertained Yellow's application for attorneys' fees.*fn1 See Dkt. No. 18. Yellow's motion, presently before the court, is now fully briefed.*fn2
The court has considered Yellow's request, the relevant law, and the equitable considerations, as outlined in Yellow's motion papers.*fn3 See Dkt. Nos. 19. The court does not concur with Yellow's contention that it is entitled to an amount exceeding $18,000.00 for its defense. Moreover, the imposition of sanctions and "the determination of the amount of the sanction is left to the court's discretion." Kirschner v. Zoning Bd. of Appeals, 159 F.R.D. 391, 395 (E.D.N.Y. 1995). The court finds that $10,000.00 is a reasonable amount in a case such as this defended by a motion to dismiss. Accordingly, and for the reasons stated, Yellow's motion for attorneys' fees and costs is GRANTED for a TOTAL AMOUNT OF $10,000.00 to be apportioned as Yellow deems appropriate.
WHEREFORE, it is hereby
ORDERED that the motion for attorneys' fees is GRANTED in the amount of $10,000.00 to be apportioned as Yellow deems appropriate; and it is further
ORDERED that the clerk provide a copy of this Order to the parties. IT IS SO ORDERED.