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Dan Lifschitz

@lifschitz.esq
184 followers 244 following 222 posts

Civil litigator by day (Gipson Hoffman & Pancione), copyright and entertainment law professor by night (UCLA + Southwestern Law School), husband and MCTT parent by luck (Kim ❤️ + Teddy 💛). If I’m posting, I’m procrastinating. dan[at]lifschitz.esq

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Dan Lifschitz @lifschitz.esq · 29/07/2026
I wish Fauci’s stock response had a little more meat on it. “Senator, while I would prefer to participate fulsomely in today’s hearing, I have no confidence it is being conducted in good faith and cannot predict the ways in which my testimony will be twisted for vindictive prosecution. Therefore…”
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Dan Lifschitz @lifschitz.esq · 12/07/2026
“We’re killing all the right people.”
On February 28, 2026, a United States Tomahawk cruise missile struck the Shajareh Tayyebeh Elementary School in Minab, southern Iran, killing over 150 people. According to verified reports and international tracking databases, the victims included approximately 120 children (both schoolgirls and schoolboys aged 6 to 13) and 26 teachers. The strike occurred on the opening day of a joint US-Israeli military campaign against Iran.

© The New York Times +4
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Dan Lifschitz @lifschitz.esq · 12/07/2026
Donald Trump’s classic response to Robert Mueller’s death: “I'm glad he's dead. He can no longer hurt innocent people!
President DONALD J. TRUMP”
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Dan Lifschitz @lifschitz.esq · 07/07/2026
X doesn’t do many things well, but it sands down the edges of contrarianism like nobody’s business, making it much easier to dismiss critiques of adventurism as out-of-touch wokescolds playing it safe. As it turns out, sometimes pearls need to be cluched so you don’t let them strangle you instead.
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Dan Lifschitz @lifschitz.esq · 07/07/2026
Grim reaper meme of Trump visiting the midterms after having already slaughtered the Knicks and USMNT.
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Dan Lifschitz @lifschitz.esq · 05/07/2026
Hell yeah it’s LGBTQ Let’s Go Bob sTuart and Qevin
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Dan Lifschitz @lifschitz.esq · 05/07/2026
Too many folks in the replies need to realize it’s possible to hold multiple opinions simultaneously. Specifically, that (a) Kat is great, (b) the Tribune’s language is gross, and (c) there’s absolutely no basis for a libel action here, such that (d) it would be incredibly embarrassing to file one.
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Dan Lifschitz @lifschitz.esq · 30/06/2026
Congrats to Ilan Wurman for getting a whole three shoutouts in Thomas’s dissent. Hope it was worth it, buddy.
*Note of Major Gen. Hurlbut (Feb. 5, 1865), microformed on Microcopy No. 53, Roll 16, Vol. 27-29, Mar. 19, 1865-Feb. 4, 1867, NAID:
188124588,
70 National Publications,
https://catalog.archives.
gov/id/188124588?objectPage=70 (archived at https://perma.cc/N47D-V2NP); see Letter from A. Atocha, Judge of the Provost Court, to Brig.
Gen. Bowen (Nov. 12, 1863), microformed on NARA Record Group 94:
Records of the Adj. Gen.'s Office, Series: Letters Received, 1863-Atocha, AA-File No. G480, NAID: 85651033, pp. 3-5 (National Archives & Records Admin), https://catalog.archives.gov/id/85651033?objectPage=3 (ar-chived at https://perma.cc/6VN3-9L4W); see I. Wurman, Jurisdiction and Citizenship, 49 Harv. J. L. Pub. Poly 315, 370-372 (2026).The President's initiative generated a groundswell of new scholarship into the original meaning of the Citizenship Clause. A wide range of originalist scholars have concluded that the 20th century executive practice was mistaken and that the Order has substantial lawful applications. See generally, e.g., Lash, 101 Notre Dame L. Rev. 101; R. Ep-stein, The Myth of Birthright Citizenship 2026); I.
Wurman, Jurisdiction and Citizenship, 49 Harv. J. L. Pub.
Poly 315 (2026); Swearer, 2 Tex. A & M J. L. & Civ. Gov.
73; R. Barnett, Trump Is Right on Birthright Citizenship, Wall Street Journal, Mar. 31, 2026; P. Hamburger, Alle-giance, Birthright, and Citizenship, Law and Liberty (Apr. 9, 2026), https://lawliberty.org/allegiance-birthright-and-
citzenship (archived at perma.cc/S9JB-ZNEP).some courts have concluded that an alien who wishes to remain in the United States in violation of federal law cannot be "domiciled" here because he "lacks the legal capacity to establish domicile." Carlson v. Reed, 249 F. 3d 876, 881 (CA9 2001) (O'Scannlain, J., for the court); cf. Kaplan v. Tod, 267 U.S. 228, 230(1925); Letter from F. Reeve, Acting Solicitor of the Treas-ury, to W. Windom, Secretary of the Treasury (Mar. 4, 1890), in 11 Documents of the Assembly of the State of New York, pp. 47-48 (1890);
Wurman, 49 Harv. J. L. Pub. Pol'y, at 324, 448, and n. 503.
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Dan Lifschitz @lifschitz.esq · 30/06/2026
It makes sense once you buy into the worldview of the Gang of Six. Men are inherently superior to women, you see, so prohibiting trans women’s participation is about maintaining fundamental fairness. But for trans men, it’s like taking a handicap in golf. Let them try! It’s cute, even! /s
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Dan Lifschitz @lifschitz.esq · 28/06/2026
This is @lawprofblawg.bsky.social coded.
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Dan Lifschitz @lifschitz.esq · 27/06/2026
Divorced parents means divergent rotations. Mom was The Beatles, Neil Young, Nirvana, America, James Taylor, Marshall Crenshaw, The New Radicals, and Juliana Hatfield. Dad was Bruce Springsteen, Elton John, Yanni, Sting, Billy Joel, and whatever Disney soundtrack we demanded.
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Dan Lifschitz @lifschitz.esq · 18/06/2026
I’m pretty sure one side of a war no longer being able to defend itself is precisely when the war ends as opposed to continuing forever, but maybe I’m overthinking this. Or underthinking. Or just thinking.
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Russ Silva @russellsilva.bsky.social · 17/06/2026
If you're a real man, why won't you let me hit you with a hammer
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Dan Lifschitz @lifschitz.esq · 14/06/2026
“Both sides”
The classic “Myth of Consensual Sex” meme altered to be the “Myth of Middle East Ceasefire,” with the American and Iranian flags pasted over the faces of the disrobed couple saying “I consent!” and the Israeli flag pasted over the face of a disapproving Jesus saying “I don’t!”
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Dan Lifschitz @lifschitz.esq · 14/06/2026
Whenever Congress finds its spine, it should codify a federal anti-SLAPP statute that awards trebled fees for successfully dismissing any claim brought by a member of the administration presently in power.
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Dan Lifschitz @lifschitz.esq · 14/06/2026
Proving once again that everything great about New York has always been in spite of the one man most historically desperate to claim it.
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Dan Lifschitz @lifschitz.esq · 13/06/2026
To the tune of:
youtu.be
I Can't Help Myself (Sugar Pie, Honey Bunch)
YouTube video by Four Tops - Topic
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Musicology Duck @musicologyduck.bsky.social · 13/06/2026
They tried to hide but I got em anyway
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Dan Lifschitz @lifschitz.esq · 13/06/2026
Looking forward to the DOJ having to defend how they actually blew the deadline because Trump insisted on a modesty tarp to hide his shame.
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Barred and Boujee aka Madiba Dennie @audrelawdamercy.blacksky.app · 13/06/2026
They built the scaffolding too high in an attempt to reach God Now God has made it impossible to communicate So they're just still going off their last orders and building more scaffolding The crowd is telling them to take the name down but tragically they don't understand anymore
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Dan Lifschitz @lifschitz.esq · 13/06/2026
This is me hoping enough people remember the sacred texts.
Original tweet: A picture of a cow standing at the shore of a beach captioned “the cows are finally returning to the ocean. nature is healing. we are the virus.”

Quote tweet: “hi, cow expert here! this is not funny, cows only do this when they’re in extreme distress.”
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Dan Lifschitz @lifschitz.esq · 13/06/2026
Hi, scaffolding expert here! This is not funny, scaffolding workers only do this when they’re in extreme distress.
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Dan Lifschitz @lifschitz.esq · 12/06/2026
At this point, I think it’s entirely reasonable for judges to skip down to the signature block on any DOJ filing before continuing to the brief itself. It’s a great shortcut for determining whether you need to take anything you’re about to read seriously.
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Dan Lifschitz @lifschitz.esq · 12/06/2026
Beatty notes in her opposition that the DOJ never raised this argument at any point before the district court -- likely becase they changed the bylaws at the 11th hour to juice their irreparable harm argument against the injunction. Judges love when fiduciaries take their own charity hostage, right?
From Beatty's opposition to DOJ's administrative stay request: "Appellee notes that the introduction to the stay motion—which is three pages long, without any paragraph breaks—appears to contain arguments never before raised in the district court, for example regarding the 'Bylaws of The Trump Kennedy Center for the Performing Arts Foundation.'  Mot. at 2.  These forfeited arguments, which are meritless, are obviously no basis for a stay pending appeal.  To the extent the motion raises any preserved arguments, they are meritless, as our forthcoming response will detail."
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Dan Lifschitz @lifschitz.esq · 12/06/2026
There's also something incredibly gross about Trump deliberately changing the Kennedy Center's bylaws to condition the retention of donations on the retention of his name change, then mewling to the court about all the donations that will now have to be refunded absent a stay. Bitch, you did that!
Text from the introduction of Trump's request for an appellate stay of reverting the Kennedy Center name change: "Without the name, 'Trump' on the Building, our fundraising will not only come to a halt, but any and all monies raised or committed would be obligated to be returned, refunded, or terminated. The Bylaws of The Trump Kennedy Center for the Performing Arts Foundation state, unequivocally: 'The Corporation may make donations to the Center in support of its educational, artistic, cultural, and performing arts functions; provided, however, that in so doing, the Board of Directors shall condition such donations to the Center upon the name of the Center remaining unchanged as the ‘Donald J. Trump and John F. Kennedy Memorial Center for the Performing Arts.’ In the event the Center should at any time remove the name of President Donald J. Trump from its filings, marketing, branding, façade, or any other affiliated location, the Corporation shall recover from the Center the total of all gifts, donations, and contributions made to the Center by or on behalf of the Corporation.' The reason for this clause is that people and companies, who have given, or will be giving, millions of dollars to the Center were only willing to do so with the name “Trump” on the Building. Many did it because they loved the concept of two Great Presidents, one Republican, one Democrat, working together as one — In many ways, a bipartisan relationship! All of this money, hundreds of millions of dollars, will have to be immediately returned, or not received by the Center."
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Dan Lifschitz @lifschitz.esq · 12/06/2026
The DOJ's appellate stay request regarding the Trump-Kennedy signage once again has all the hallmarks of having been written by Trump himself. There's literally nothing he cares more about than his own vanity projects.
Emphasized text from the first page of Trump's brief to the appellate court: "The District Court is not allowing us to close in order to properly fix up and repair the Building, including potentially life threatening structural damage like beams and parking garage ceilings that are rusted, and in serious danger of falling onto people below — Indeed, total collapse!"Emphasized text from the second page of Trump's brief to the appellate court: "Many [donated] because they loved the concept of two Great Presidents, one Republican, one Democrat, working together as one — In many ways, a bipartisan relationship!"Emphasized text from the third page of Trump's brief to the appellate court: "The Building is also in bad shape, and unsightly to look at, a constant source of conversation within the Washington, D.C., area. It is unable to compete with other such venues throughout the United States, but when completed, as planned, will be the envy of the World, something that everyone, including this court, will be proud of."Emphasized text from the fourth page of Trump's brief to the appellate court: "Rep. Joyce Beatty (D-OH, a troublemaking appointment, from the beginning of her tenure!), sued her fellow trustees of the Board"
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Dan Lifschitz @lifschitz.esq · 11/06/2026
Facebook memories are wild. Or maybe it’s just my old firm.
A Facebook post dated June 10, 2020: “I need the retainer I paid for [client] back.” “What happened?” “He fucked my wife.” #okay #thatsanewone
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Dan Lifschitz @lifschitz.esq · 07/06/2026
Every Knicks in Four shirt purchased karmically offsets a Hawk Tuah shirt floating around in the universe.
Screenshot of a website selling “My Mayor Muslim, My Bagel Jewish, My Christian Dior, Knicks in Four” shirts for $29 with 1,359 reviews to date.
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Dan Lifschitz @lifschitz.esq · 07/06/2026
I want these people’s romantic partners to dose them with sodium pentothal and ask them exactly what it was they enjoyed about Mad Men.
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Dan Lifschitz @lifschitz.esq · 07/06/2026
Is this administration aesthetically illiterate or genuinely staffed with people who grew up rooting for the villain in every James Bond film? Because it has to be one of the two.
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Dan Lifschitz @lifschitz.esq · 06/06/2026
This. 👇🏻 The English lexicon is built on consensus. Someone had to start building that consensus for every single word added. When the drafting task at hand inspires a novel turn of phrase, the autocorrect highlight isn’t flagging an error. It’s testing your mettle. Will you meet the moment?
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Dan Lifschitz @lifschitz.esq · 05/06/2026
I’m really waiting for the new class of DOJ lawyers to realize that Trump’s veil of untouchability does not extend to his rank-and-file foot soldiers. The institutional memory of our shared profession will extend far beyond the waning days of this administration.
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Dan Lifschitz @lifschitz.esq · 05/06/2026
He’s either (a) too stupid to understand the AI bubble is poised to burst once everyone realizes these companies lack a viable path to profitability or (b) using taxpayers to forestall that financial reckoning at the behest of his benefactors who are leveraged to the hilt on the matter.
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Dan Lifschitz @lifschitz.esq · 05/06/2026
It’s almost become trite to point out, but if Putin had specifically conscripted Trump to sabotage our foreign policy for Russia (and China)’s geopolitical benefit, Trump would not be doing anything differently.
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Dan Lifschitz @lifschitz.esq · 05/06/2026
Trump holding a sign edited to say “pee is stored in the balls” with an accompanying cartoon illustration.
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Eric Goldman @ericgoldman.bsky.social · 04/06/2026
Irony alert: The Iowa legislature is forcing U of Iowa students to take courses on topics like "why capitalism works, how it works, & why it has been so successful"...because students weren't voluntarily choosing to enroll in the courses www.chronicle.com/article/a-fl...
chronicle.com
A Flagship’s Civics Center Saw Low Enrollment. Now Students Will Be Required to Take Classes There.
A provision in the Iowa state budget will require all students at the University of Iowa to complete two classes at the Center for Intellectual Freedom to get their degree.
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Dan Lifschitz @lifschitz.esq · 04/06/2026
To my fellow copyright litigators, don’t sleep on the Hikma decision just because it’s a patent case. The crux of the opinion is what allegations are sufficient to survive a Twiqbal challenge when alleging inducement to infringe under Grokster and Cox.
This case requires us to apply these familiar pleading standards to the third element of an induced-infringement claim: that the inducer took “active steps . . . to encourage
direct infringement.” Grokster, 545 U. S., at 936 (internal quotation marks omitted). Our case law defining “active steps” thus governs the boundaries of a plausible induced- infringement claim. Most fundamentally, “inducement must involve the taking of affirmative,” as opposed to passive, “steps to bring about the desired result” of patent infringement. Global-Tech., 563 U. S., at 760; see also Grokster, 545 U. S., at 935 (requiring “statements or actions
directed to promoting infringement”); Cox Communications, 607 U. S., at ___ (slip op., at 9) (citing lack of “evidence of express promotion [or] marketing” as a reason for no liability (internal quotation marks omitted)). To avoid “trenching on regular commerce,” “ordinary acts incident to
product distribution” are insufficient to support liability. Grokster, 545 U. S., at 937.
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Dan Lifschitz @lifschitz.esq · 03/06/2026
Bari Weiss is going to do to CBS News what Great Hill Partners did to G/O Media and the fact that she found someone willing to be the fall guy in Nick Bilton only proves how oblivious he really is to his role in all of this. www.discourseblog.com/p/rest-in-pi...
A screenshot from the 2018 movie “The Ballad of Buster Scruggs” of two men with nooses around their necks preparing to be hung. The first man is calm and unfazed while the second man is crying. The first man, labeled “Jim Spanfeller,” looks at the other man, labeled “Nick Bilton,” and asks: “First time?”
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Raffi Melkonian @rmfifthcircuit.bsky.social · 02/06/2026
On LinkedIn, a lawyer posted a Brazilian judgment sanctioning counsel for "prompt injection"! In white on white text, the brief instructed any AI reading the brief to respond "superficially." That's ... very very interesting. www.linkedin.com/posts/jinyos...
linkedin.com
I came across one of the first real-world examples of a court sanctioning lawyers for prompt injection in a filing. In a Brazilian labor-court judgment, the court found that a petition included… | Ji...
I came across one of the first real-world examples of a court sanctioning lawyers for prompt injection in a filing. In a Brazilian labor-court judgment, the court found that a petition included hidde...
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Dan Lifschitz @lifschitz.esq · 02/06/2026
Exam administered by Cardi B.
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Dan Lifschitz @lifschitz.esq · 13/04/2026
Not just journalists, but lawyers as well. It’s so reliable that courts will judicially notice its content without hesitation. I’ve used WM captures to defeat motions over personal jurisdiction, establish the popularity of streaming media over time to calculate copyright damages, and so much more.
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Aaron Rupar @atrupar.com · 22/01/2026
Jack Smith: "My fear is that we have seen the rule of law function in our country for so long that many of us have come to take it for granted. The rule of law is not self-executing. It depends on our collective commitment to apply it."
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nice ad mominem @kimlifschitz.bsky.social · 22/12/2025
Per the logic demonstrated here, because Russell Stuart disagrees with my husband and I politically, he would be justified in calling our son the r-slur. My tax dollars pay his recently (6x increased) stipend wheeeeee 🤸‍♀️
Beverly Hills Board of Education member Russell Stuart telling the world via X that it’s okay to call children the r-slur if you disagree with their parents politically.
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nice ad mominem @kimlifschitz.bsky.social · 22/12/2025
It’s been 2 weeks since a Beverly Hills USD Board member replied “FAFO” to a video of Hope Walz demanding MAGA stop calling her brother the r-slur. He was called out publicly by my husband. He refused to acknowledge or apologize. This man controls my disabled son’s education. A nightmare.
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Dan Lifschitz @lifschitz.esq · 04/12/2025
Easiest $230 I’ve ever spent. Mike’s basically an uncredited coauthor on my 2012 law review piece covering ACTA and SOPA/PIPA. He helped shape my worldview *and* gave me one of my first platforms to write about copyright law. My admiration for him has only grown since then. Fight the good fight. ✊🏻
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Dan Lifschitz @lifschitz.esq · 20/03/2025
Oh wow. The order on Mariah Carey’s MSJ in the copyright infringement litigation over All I Want For Christmas Is You dropped earlier today, and it’s an absolute bloodbath. You don’t often see Rule 11 sanctions in these cases, but the plaintiffs’ attorneys seemingly screwed up… basically everything!
Before the Court are Defendants' and Plaintiffs' Motions for Summary Judgment and Defendants' Motion for Sanctions. ECF 68, 69, 74. The Court read and considered the moving, opposing, and reply papers and held a hearing. ECF 80. For the reasons stated herein, the Court GRANTS Defendants' Motion for Summary Judgment and Motion for Sanctions and DENIES Plaintiffs' Motion for Summary Judgment.Based on the foregoing, Plaintiffs have not met their burden of showing that Carey and Vance are substantially similar under the extrinsic test. Because Fink and Sakakeeny's testimony is not admissible, the well-supported conclusions made in the Ferrara Reports and the Lewis Reports are effectively unrebutted and not genuinely disputed. A plaintiff who fails to satisfy the extrinsic test cannot survive summary judgment on a copyright claim. Benay v. Warner Bros. Entm't, Inc., 607 F.3d 620, 624 (9th Cir. 2010).
Accordingly, the Court GRANTS Defendants' Motion for Summary Judgment and
DENIES Plaintiffs' Motion for Summary Judgment.Defendants request that the Court impose sanctions in the amount of reasonable attorney's fees that Defendants incurred in preparing their Opposition to Plaintiffs' Motion and their Motion for Sanctions. ECF 74-1 at 24. Although each incident of sanctionable conduct, in isolation, may not warrant more than a stern reprimand, it is the aggregate of misconduct reflected in Plaintiffs' Motion that makes this an egregious situation warranting more severe sanctions. Defendants have demonstrated that the requested fees are "a direct result of the offending conduct." Truesdell, 209 F.R.D. at 175. Plaintiffs' Motion prompted Defendants to incur needless expenses responding to frivolous legal arguments and unsupported factual contentions. The Court finds that the punitive and deterrent ends of Rule 11 are best served by imposing sanctions in the amount of some or all attorneys' fees incurred by Defendants in preparing their Opposition to Plaintiffs' Motion.

Accordingly, the Court GRANTS Defendants' Motion for Sanctions and ORDERS
Defendants to file within 14 days of this Order a motion to determine the amount of reasonable attorneys' fees to be awarded.For the foregoing reasons, Defendants' Motion for Summary Judgment and Motion for Sanctions is GRANTED. Plaintiffs' Motion for Summary Judgment is DENIED. The Court further ORDERS Defendants to file within 14 days of the date of this Order a proposed judgment and a motion for attorney fees reasonably incured in preparing their Opposition to Plaintiffs' Motion and the Motion for Sanctions.
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