frivolous. Defense counsel press their argument as if the court were obligated to rule as an initial matter whether there was or was not discriminatory intent. Not so. The relevant inquiry is whether the jury could find that there was such intent. It was frivolous to suggest that it could not.
Defense counsel complain that the court unfairly zeroed in on only a small part of their motion, found it sanctionable, and ignored the rest of what they had to say. Their motion had two pages on punitive damages, three and one-half pages on discriminatory intent, and one and one-half pages on emotional distress. Most of their argument thus focused on their frivolous claim and it was proper to sanction them for it. Melrose v. Shearson/American Express, Inc., 898 F.2d 1209, 1215 (7th Cir. 1990).
Last, defense counsel bewail the potential for Rule 11 to discourage vigorous advocacy or quash creativity. They flatter themselves. There is nothing creative about ignoring the standards for a JNOV. And as for "vigorous advocacy," it is indeed a lawyer's duty, but only within the bounds of the law. Defense counsel far exceeded those bounds. (Perhaps it was in a fit of vigorousness that even his lawyers became confused by Malcolm McGuffey a.k.a Wally Mack a.k.a. Santa Maria Realty a.k.a. Osvaldo Kennardo a.k.a. "the old man" a.k.a. Eddie Romero's multiple selves when they wrote, "Nonetheless, it is this Court's solemn duty to listen to the defendants' arguments and to allow him the opportunity to vigorously defend themselves. . . ." (emphasis added)).
The motion to reconsider the imposition of sanctions is denied.
The court has examined the plaintiff's attorneys' petition and finds it to be reasonable as to time spent and as to expenses. Defense counsel offer only perfunctory objections. The court accordingly awards fees for preparing the original petition in the amount of $ 6,032.50, for other post-judgment work in the amount of $ 10,604, and for expenses of $ 10,797.88. The $ 500 sanction must be paid to the Clerk of the court within ten (10) days.
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