DISTRICT OF COLUMBIA SUPERIOR COURT CIVIL DIVISION ROY L ...

DISTRICT OF COLUMBIA SUPERIOR COURT CIVIL DIVISION

ROY L. PEARSON, JR.

)

)

Plaintiff

)

)

v.

)

)

)

SOO CHUNG, et al.

)

____________________________________)

Civil No. 4302-05

Judge Judith Bartnoff Next Event: None

DEFENDANTS' MOTION FOR ATTORNEYS' FEES

Defendants by and through their undersigned attorney, Christopher C. S.

Manning, hereby move this Court, pursuant to Supr. Ct. R. Civ. P. 54(d) and pursuant to

the Court's June 25, 2007 Judgment in this matter, for an Order compelling Plaintiff to

pay Defendants' attorneys' fees expended in defending this lawsuit.

Simply put, there could be no more perfect of an example of bad faith than that

which Plaintiff has demonstrated throughout this litigation.

Since the filing of his frivolous Original Complaint, Plaintiff has consistently

sought to harass and intimidate Defendants and unnecessarily drive up Defendants'

litigation costs in what should have been a very simple small claims court matter. From

his outrageous demands for compensation (initially over $50,000 to then over $100,000

to then over $67,000,000 to finally over $54,000,000) to his amazingly voluminous

discovery and motions practice to his unconscionable continual disregard for the Court's

Orders, Plaintiff's motives have been clear ? quite simply, to harass Defendants and to attempt to utterly destroy their lives.1

1 Plaintiff will attempt to characterize his motive as championing the interests of all consumers against the corporate behemoth. However, as the Court saw at trial, this was clearly not Plaintiff's motive--especially when this lawsuit was initially filed. Plaintiff's bizarre legal theories and baffling damages demands were,

Plaintiff, an administrative law judge and attorney, should have known better.

Simply put, Defendants ask the Court to compensate the parties who have truly

suffered throughout this bizarre odyssey ? the Chungs. Although the Court's complete

defense verdict vindicates the Chungs legally, it certainly does not erase the emotional

and financial toll this litigation has taken on them.

Accordingly, Defendants request that the Court order Plaintiff to pay Defendants'

attorneys' fees expended in this litigation as follows:

? Attorneys' Fees

$82,907.50

In support of their Motion, Defendants file a Memorandum of Points &

Authorities herewith.

Respectfully submitted,

____/s/ Christopher Manning__________ Christopher C. S. Manning Manning & Sossamon PLLC 1532 Sixteenth Street NW Washington, DC 20036 (202) 387-2228 (202) 387-2229 (fax) cmanning@manning-

at all times, completely meritless and devised with the motives of creating misery for Defendants and bilking them for enormous amounts of money. Also, importantly, only Plaintiff (and not any of the people he supposedly sought to protect) would have received any compensation had he prevailed at trial.

CERTIFICATION OF SERVICE

I, Christopher Manning, certify that on July 5, 2007 I served a copy of this Motion and supporting documents on Roy L. Pearson via email through appropriate CaseFileXpress procedures to Roy L. Pearson at roypearsonjr@.

____/s/ Christopher Manning__________ Christopher Manning

RULE 12-I CERTIFICATION

Defendants' counsel certifies that he sought Plaintiff's consent to this Motion pursuant to Rule 12-I but was not granted such consent.

Respectfully submitted,

____/s/ Christopher Manning__________ Christopher C. S. Manning Manning & Sossamon PLLC 1532 Sixteenth Street NW Washington, DC 20036 (202) 387-2228 (202) 387-2229 (fax) cmanning@manning-

DISTRICT OF COLUMBIA SUPERIOR COURT CIVIL DIVISION

ROY L. PEARSON, JR.

)

)

Plaintiff

)

)

v.

)

)

)

SOO CHUNG, et al.

)

____________________________________)

Civil No. 4302-05

Judge Judith Bartnoff Next Event: None

ORDER

Upon consideration of Defendants' Motion for Attorneys' Fees and any

Opposition thereto, it is this _______ day of ______, 2007

ORDERED that Defendants' Motion is hereby GRANTED and Plaintiff

shall pay Defendants the following amount:

? Attorneys' Fees

$82,907.50

Cc: Roy L. Pearson 3012 Pineview Court, NE Washington, DC 20018

Christopher C. S. Manning 1532 Sixteenth Street NW Washington, DC 20036

______________________________ Judge Judith Bartnoff

DISTRICT OF COLUMBIA SUPERIOR COURT CIVIL DIVISION

ROY L. PEARSON, JR.

)

)

Plaintiff

)

)

v.

)

)

)

SOO CHUNG, et al.

)

____________________________________)

Civil No. 4302-05

Judge Judith Bartnoff Next Event: None

DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR MOTION FOR ATTORNEYS' FEES

In support of their Motion, Defendants state as follows: BACKGROUND

Since its inception over two years ago, this lawsuit has been frivolous, vexatious, harassing and ultimately pursued in bad faith.

The Plaintiff is a learned lawyer, and, no less, an administrative law judge for the District of Columbia. Instead of honoring our judicial system, the Plaintiff decided to use his intimate knowledge (and unreasonable interpretations) of District of Columbia laws to harass and exploit hard working South Korean immigrants who work in excess of seventy hours per week to live the American dream.

From Plaintiff's incredibly burdensome discovery approach (which included literally hundreds of discovery requests propounded on Defendants) to Plaintiff's excessively aggressive Motions practice to Plaintiff's continual disregard for the Orders of this Court, Plaintiff attempted to turn a case most appropriately brought in small claims court into a multi-million dollar nightmare.

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