Palmer v. CHELSEA FINANCING PARTNERSHIP, LP.

ORDER

Following its dismissal from this litigation on or about January 28, 2006, Defendant Claire’s Stores, Inc. (erroneously sued herein as CLAIRE’S BOUTIQUES, INC. dba CLAIRE’S BOUTIQUES) (“Claire’s”) now asks this Court to award it attorney’s fees in the amount of $18,631.25, either as a prevailing party under the Americans with Disabilities Act (pursuant to 42 U.S.C. § 12205 , or alternatively due to Plaintiffs alleged sanctionable conduct under 28 U.S.C. § 1927 ) (which authorizes sanctions against a party who unreasonably and vexatiously multiplies legal proceedings). Claire’s also urges the Court to award sanctions in accordance with its own inherent power against a party who has acted in bad faith.

Plaintiff filed the instant action on September 23, 2005. By letter dated October 17, 2005, Stacey Herter, counsel for Claire’s, wrote Plaintiffs attorney, Lynn Hubbard, and advised Mr. Hubbard of a binding Consent Decree and Settlement Agreement reached in a nationwide class action involving disabled access to Claire’s facilities. Because the terms of that settlement precluded the present action against Claire’s, Ms. Herter asked that Mr. Hubbard dismiss Plaintiffs claim as…