Overnite Transportation Co. v. Chicago Industrial Tire Co.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This matter is before the Court on defendant Chicago Industrial Tire Company’s motion for award of $1,392.50 in excess costs from either or both of the attorneys representing plaintiff, Overnite Transportation Company, pursuant to 28 U.S.C. § 1927. Defendant’s motion is predicated on the theory that plaintiff’s filing of this lawsuit in federal court, its opposition to defendant’s motion to dismiss, and its appeal of the district court’s decision to the Seventh Circuit despite an obvious absence of subject matter jurisdiction constituted an…