- 7 -
handwritten notes and other such informal materials that had been
generated prior to the entry of the Decision.
On March 9, 1994, the 89th day after the Decision was
entered, petitioners mailed their Motion for Leave, Motion to
Vacate, and Motion for Litigation Costs to the Court. All three
motions were received by the Court on March 14, 1994, the 94th
day after the Decision was entered. On the same day, March 14,
1994, the Court filed petitioners' Motion for Leave and lodged
petitioners' Motion to Vacate and petitioners' Motion for
Litigation Costs.
Prior to March 9, 1994, petitioners had not disclosed their
intention of seeking litigation costs. However, at the time that
he executed the stipulated decision in November 1993,
petitioners' counsel fully contemplated that petitioners would
seek litigation costs. Nevertheless, petitioners' counsel did
not mail petitioners' three motions to the Court until March 9,
1994. Petitioners' counsel intentionally delayed submitting the
motions for two reasons. First, petitioners' counsel was
concerned that claiming litigation costs might cause respondent
to withhold concession of the amounts in issue in the present
case. Second, petitioners' counsel was concerned that claiming
litigation costs might negatively influence the resolution of
another dispute between petitioners and respondent that was also
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011