Free Order on Motion for Judgment - District Court of Colorado - Colorado

Case 1:01-cv-02156-WDM-OES

Document 110

Filed 03/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Walker D. Miller

Civil Action No. 01-cv-02156-WDM-OES FRAN MATTERA, Plaintiff, v. GAMBRO, INC., Defendant. __________________________________________________________________ ORDER __________________________________________________________________ This matter is before me on the defendant Gambro, Inc.' (Gambro) motion for s attorney fees (doc. no. 109). By order dated February 24, 2004, I awarded Gambro its reasonable attorney fees against plaintiff which Gambro incurred in defending plaintiff' s Title VII claim. Order, doc. no. 100, pp. 6-7. Gambro filed appropriate documentation requesting an award of fees of $55,930, supported by an appropriate affidavit opining that the rates and hours charged were reasonable for the work performed. Plaintiff has not filed any response. Following review, I find that the hours charged with respect to the defense of this claim are high but explainable because of the practice of plaintiff and her counsel in this case. I likewise find that the hourly rates are reasonable. Although I have some concern for the total amount, I note that because of an unsuccessful appeal by plaintiff and other factors, there has been a significant delay in entering judgment on this issue.

Case 1:01-cv-02156-WDM-OES

Document 110

Filed 03/14/2007

Page 2 of 2

Taken into account inflation and loss of interest, I conclude that the requested amount is reasonable because of the delay. See Ramos v. Lamm, 713 F.2d 546 (10th Cir. 1983). Accordingly, it is ordered: 1. Defendant' motion for entry of judgment on the court' award of attorney s s fees (doc. no. 109) is granted; 2. Judgment shall enter in favor of Gambro, Inc. and against the plaintiff Fran Mattera for attorney fees in the amount of $55,930; and 3. Interest shall accrue on the judgment as permitted by law. DATED at Denver, Colorado, on March 14, 2007. BY THE COURT:

s/ Walker D. Miller United States District Judge

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