Delaware Business Litigation Report

Money Centers of America

Money Centers of America, Inc. v. Regen, 2005 WL 3309610, (D.Del., December 6, 2005). Defendants filed a Motion for Reconsideration or, alternatively, to Alter or Amend Judgment, a Motion for a Protective Order regarding Depositions and a Motion for a Stay Pending Appeal. Defendants sought relief from an order entered granting a Motion to Reopen a proceeding, where Defendant Howard Regen failed to pay his portion of a settlement agreement. Primarily in dispute in the motions before the court were whether the depositions of certain parties should have been taken in Delaware or California and whether Defendants were responsible for paying the costs and fees with respect to a previously filed Motion to Reopen. In the original order by the Court, defendant Coast ATM was held jointly and severally responsible with defendant Howard Regen for assorted litigation misconduct. Coast ATM argued that the litigation misconduct was attributable to Mr. Regen alone and therefore moved for reconsideration of the order that it share litigation costs. The court further found that all costs associated with the Motion to Reopen were properly charged to Mr. Regen because it was his misconduct that gave rise to the imposition of sanctions and that his failure to pay his portion of the settlement agreement necessitated reopening the case. At the time the Court considered the motions, the parties had already agreed to take the subject depositions in California. Accordingly, the Court granted Defendants' motion to the extent it sought to relieve one defendants of responsibility for fees and costs associated with the motion to reopen, denied the same motion with respect to another defendants, and denied as moot the request that depositions be ordered taken in Delaware. Share