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JMM Properties, LLC v. Erie Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK


July 23, 2009

JMM PROPERTIES, LLC, PLAINTIFF,
v.
ERIE INSURANCE COMPANY, DEFENDANT.

The opinion of the court was delivered by: David E. Peebles U.S. Magistrate Judge

ORDER

Currently before the court in connection with this action are cross-motions. The motion process was initiated by defendant's filing of a motion to disqualify Donald R. Gerace, Esq. from representing the plaintiff. Dkt. No. 29. Plaintiff has since opposed that motion and cross-moved for an award of sanctions, including costs and attorneys' fees incurred in having to defend against the motion, which it characterizes as frivolous and interposed for purely tactical purposes. Dkt. No. 33.

Oral argument was conducted on July 29, 2009 in connection with the parties' cross-motions. At the close of argument I issued an oral decision denying both motions.

Based upon the foregoing and the court's bench decision, which is incorporated herein by reference, it is hereby

ORDERED that defendant's motion to disqualify counsel (Dkt. No. 29) and plaintiff's cross-motion for an award of costs and attorneys' fees (Dkt. No. 33) are both DENIED.

20090723

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