Free Motion for Judgment - District Court of Colorado - Colorado

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

Document 109

Filed 05/23/2006

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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. _____________________________________________________________________________ MOTION FOR ENTRY OF JUDGMENT ON THE COURT'S AWARD OF ATTORNEY FEES _____________________________________________________________________________ Defendant Gambro, Inc. ("Gambro"), by and through its undersigned counsel, moves as follows for entry of judgment regarding the Court's Order on Defendant's Motion for Attorney's Fees dated February 21, 2004 and filed February 24, 2004 ("Order"). _______________________________________________________________________ CERTIFICATION OF COMPLIANCE WITH D.C.COLO.LCivR 7.1.A Pursuant to Local Rule 7.1.A, the undersigned certifies that counsel for Gambro has attempted to contact Plaintiff's counsel twice, once by telephone and once via e-mail to confer about this motion, leaving a detailed message on each occasion. Plaintiff's counsel did not respond to either of the messages. ________________________________________________________________________ 1. In its Order filed February 24, 2004, the Court awarded Gambro its reasonable attorney's fees incurred in defending against Plaintiff's Title VII claim, but declined to award Gambro attorney's fees for defending Plaintiff's ADEA claim or against Plaintiff's counsel personally. Docket No. 100, Order, pp. 6-7. The Court ordered that Gambro file a revised

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

Document 109

Filed 05/23/2006

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submittal which was limited to fees incurred in defending the Title VII claim and which included an affidavit from a third-party attorney familiar with this type of litigation opining as to the reasonableness of the hourly rates and number of hours charged by Gambro's counsel Id. 2. On March 26, 2004, Gambro filed the revised submittal requested by the Court. See Docket No. 105, Defendant's Supplement in Support of its Motion for Attorney Fees filed 3/26/2004. That submittal requested an award of at least $55,930.00 for fees incurred in defending Plaintiff's Title VII claim and included the affidavit of Ann B. Frick, Esq., regarding the reasonableness of the rates and hours charged for the work performed. Id. Plaintiff never

filed any response to Gambro's submittal and has submitted no opposition to the amount sought. 3. On April 5, 2004, 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 request for reconsideration or further review of the Tenth Circuit's decision has passed. 4. Pursuant to Fed. R. Civ. P. 58(d), Gambro respectfully requests that the Court enter judgment in Gambro's favor in the amount of $55,930.00 for attorney's fees incurred in defending Plaintiff's Title VII claim.

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

Document 109

Filed 05/23/2006

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Dated: May 23, 2006 s/ Dirk T. Biermann ________________________________ Dirk T. Biermann Bennington Johnson Biermann & Craigmile, LLC 370 Seventeenth Street, Suite 3500 Denver, Colorado 80202 Phone: (303) 629-5200 Attorneys for Defendant

CERTIFICATE OF SERVICE I hereby certify that on May 23, 2006, I electronically filed the foregoing Motion for Entry of Judgment on the Court's Award of Attorney Fees with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: John R. Olsen, Esq. Olsen & Brown, LLC 8362 Greenwood Drive Niwot, Colorado 80503 s/ LouAnn Schentag _____________________________________

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