BACKGROUND In December 2009, MNI sold its Data Investigation Services ( DI services ) business line to LPW. For the reasons stated below, defendants March 11 Motion is denied but its April 1 Motion is granted. On April 1, defendants moved (the April 1 Motion ) pursuant to the parties contract to recover the attorneys fees and costs they incurred while defending against a separate complaint filed by LPW on October 5, 2010. § 1927 on the grounds that a complaint filed by Loss Prevention Works, LLC ( LPW ) on February 7 was filed in bad faith and for the purpose of unreasonably and vexatiously multiplying the proceedings between the parties. ( MNI ) and March Networks Corporation ( MNC ) (collectively, defendants ) filed a motion (the March 11 Motion ) for attorneys fees and sanctions pursuant to 28 U.S.C. 250 Park Avenue New York, NY 10177 DENISE COTE, District Judge: On March 11, 2011, March Networks, Inc. North New York, NY 10016 For Defendants: Robert D. Neu & Associates 318 Newman Springs Road Red Bank, NJ 07701 Steven Glen Mintz Terrence William McCormick Mintz & Gold LLP 470 Park Ave. Anania McCarter & English, LLP Four Gateway Center 100 Mulberry Street Newark, NJ 07102 Lucian Ulmet J.C. Fechter McCarter & English, LLP 245 Park Avenue, 27th Floor New York, NY 10167 Scott S. : : - X APPEARANCES: For Plaintiff: Gary H. and MARCH NETWORKS, : CORP., : Defendants. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - X : LOSS PREVENTION WORKS, LLC : Plaintiff, : : -v: : MARCH NETWORKS, INC.
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