Free Motion for Judgment - District Court of Colorado - Colorado

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

Document 109-2

Filed 05/23/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02156-WDM-OES FRAN MATTERA, Plaintiff, v. GAMBRO, INC. d/b/a Gambro BCT, Inc., Defendant. ________________________________________________________________________ ORDER ________________________________________________________________________ This matter comes before the Court on Defendant Gambro, Inc.'s ("Gambro's") Motion For Entry Of Judgment Re: Attorney Fee Award, in connection with the Court's Order on Defendant's Motion for Attorney's Fees dated February 21, 2004 and filed February 24, 2004 ("Order") which awarded Gambro its attorney fees in connection with the Title VII Claim asserted by Plaintiff in this action. In the Order filed February 24, 2004, the Court awarded Gambro its reasonable attorney's fees incurred in defending against Plaintiff's Title VII claim. Docket No. 100, Order, pp. 6-7. On March 26, 2004, Gambro filed its Supplement in Support of its Motion for Attorney Fees. See Docket No. 105. Gambro requested an award of $55,930.00 for fees incurred in defending Plaintiff's Title VII claim. Gambro's request was supported by an affidavit of Ann B. Frick, Esq., regarding the reasonableness of the rates and hours charged

01-cv-02156-WDM-OES: ORDER

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

Document 109-2

Filed 05/23/2006

Page 2 of 2

for the work performed. Id.

Plaintiff did not file any response to Gambro's submittal or

any other opposition to the amount sought. The Tenth Circuit Court of Appeals issued its Order affirming this Court's underlying decision granting summary judgment in Gambro's favor on all of Plaintiff's claims. See Docket No. 106 re: Order and Judgment filed 4/5/2004. The time for filing any appeal or other review of the Tenth Circuit's decision has passed. I have reviewed the file including Gambro's submission in support of its request for attorney fees in defending Plaintiff's Title VII Claim. I find the amount of the fees requested, the hourly rates charged and the amount of work performed to be reasonable. Therefore it is ordered: 1. Pursuant to Fed. R. Civ. P. 58(d), the Court hereby enters judgment in Gambro's favor and against the Plaintiff in the amount of $55,930.00 for attorney's fees incurred in defending Plaintiff's Title VII claim. 2. Interest will accrue on the judgment as permitted by law. Dated at Denver, Colorado this ____ day of June, 2006 ________________________________ Walker D. Miller United States District Court Judge

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