Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY v. MELVYN COHEN : : : : CIVIL NO. CCB-99-2517 : : ...o0o... ORDER Various motions are now pending in this case. The motions for summary judgment have been denied by separate Memorandum and Order. The remaining motions, most of which should never have been filed, are addressed below. 1. Provident's Second Motion in Limine Concerning Melvyn Cohen's Destruction of Documents (Docket No. 149) is Denied, as there is insufficient evidence of either intentional destruction or significant prejudice to Provident. 2. Provident's Motion to Strike MKB's Motion for Partial Reconsideration (Docket No. 135) is Denied. Provident should oppose a motion with which it disagrees, rather than proliferating this litigation with unnecessary motions of its own. 3. MKB's Combined Motion & Memorandum for Leave to File Surreply (Docket No. 141) is Denied. 4. MKB's Motion for Partial Reconsideration of March 29, 2001 (Docket No. 134), treated as an opposition to the statement of Attorneys' Fees requested by Provident, is Granted. First, the Memorandum of March 29, 2002 stated that Provident "may be entitled to recover some reasonable portion of the attorneys' fees incurred in connection with its motions to compel." Provident has requested recovery of the entire amount expended in pursuit of not only

both motions to compel but also the show cause motion. As it did not prevail in every aspect, Provident should have, but did not, exercise some discretion as to the amount of fees requested. Second, Provident has, since March 29, 2001, despite the court's warning, multiplied this litigation unnecessarily by its motions to strike. Accordingly, no portion of the requested attorneys' fees will be awarded to Provident. Its Motion/Statement of Attorney Fees (Docket No. 132) is Denied. 5. Provident's Motion to Strike MKB's Motion to File a Surreply (Docket No. 143) is Denied. SO ORDERED this day of March, 2002.

Catherine C. Blake United States District Judge

2



Download Provident Life & Accident Insurance Company v. Melvyn Cohen (order).pdf

Maryland Law