Escapex IP LLC v. Google LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ESCAPEX IP LLC, Case No. 22-cv-08711-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. ATTORNEYS' FEES UNDER 28 U.S.C. § 1927

GOOGLE LLC,

Re: Dkt. No. 66 Defendant.

The motion for attorneys’ fees is granted. This order assumes the reader’s familiarity with the facts of the case, the relevant law, and the arguments made by the parties. When an attorney unreasonably or vexatiously multiplies the proceedings, courts may require the attorney to personally satisfy “the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.” 28. U.S.C. § 1927. To impose sanctions under § 1927, a court must find that the attorney’s conduct was at least reckless. See Fink v. Gomez, 239 F.3d 989, 993 (9th Cir. 2001). Here, the attorneys for EscapeX acted recklessly by filing a frivolous Rule 59(e) motion that unreasonably multiplied the proceedings of this case. EscapeX’s Rule 59(e) motion—seeking reversal of this Court’s previous fee order— argued that reversal was warranted based on newly discovered evidence. See Dkt. No. 59. But the evidence EscapeX presented in…