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Other Statutory Actions | Massachusetts
Copy Mailed
Copy re 100 ELECTRONIC ORDER mailed to Allen Gessen on 11/18/25. (FGD)
Order on Motion for Leave to File Document Order on Motion for Costs
Judge George A. OToole, Jr: ELECTRONIC ORDER entered. Respondent’s Motion for Attorney’s Fees and Sanctions (dkt. no. 97 ) is DENIED because the requests are untimely. First, the request for attorney’s fees is untimely because the request was not filed within a “reasonable time.” See Forcucci v. U.S. Fid. & Guar. Co., 153 F.R.D. 484, 487 (D. Mass. 1994). The request was filed over 1,000 days after this court’s final Judgment. Next, the request for sanctions is untimely because a request for sanctions under Rule 11 must be served and filed prior to the conclusion of the case. See Triantos v. Guaetta & Benson, LLC, 91 F.4th 556, 561 (1st Cir. 2024). Respondent’s Motion for Costs (dkt. no. 98 ) is accordingly DENIED as moot. (FGD)
Respondent’s Motion for Attorney’s Fees and Sanctions (dkt. no. 97 ) is DENIED because the requests are untimely. First, the request for attorney’s fees is untimely because the request was not filed within a “reasonable time.” See Forcucci v. U.S. Fid. & Guar. Co., 153 F.R.D. 484, 487 (D. Mass. 1994). The request was filed over 1,000 days after this court’s final Judgment. Next, the request for sanctions is untimely because a request for sanctions under Rule 11 must be served and filed prior to the conclusion of the case. See Triantos v. Guaetta & Benson, LLC, 91 F.4th 556, 561 (1st Cir. 2024).
Respondent’s Motion for Costs (dkt. no. 98 ) is accordingly DENIED as moot.
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