Free Motion for Ruling - District Court of Colorado - Colorado

Case 1:01-cv-01250-RPM-CBS

Document 170

Filed 11/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-CV-1250-RPM-CBS ANA PATRICIA MONTES, NELY DAVILA JOSEFA C. DIAZ, MARGARITA ERAZO, EVA ESCOBEDO, ERNESTO GARCIA, WILLIE MAE HOPKINS, ELIZABETH JARAMILLO, ANGELICA NUNEZ, and MERVIN D. VARGAS, Plaintiffs, v. VAIL CLINIC, INC., d/b/a VAIL VALLEY MEDICAL CENTER, INC., and SERVICEMASTER MANAGEMENT SERVICES LIMITED PARTNERSHIP, Defendants.

DEFENDANTS' REQUEST FOR A RULING ON DEFENDANTS' MOTION REGARDING ADDITIONAL COSTS

Defendants Vail Clinic, Inc., d/b/a Vail Valley Medical Center and Servicemaster Management Services Limited Partnership respectfully request this Court rule on their motion regarding bill of costs and in support would show the following: 1. On July 14, 2005, Defendants filed a motion regarding Defendants' Bill of Costs.

(Docket No. 151) In that pleading, Defendants requested that the Court award the costs set forth in the motion in the total amount of $51,807.47, pursuant to Rule 68 of the Federal Rules of Civil Procedure. Of that amount, $18,450.50 reflected costs to be taxed by the clerk, leaving

$32,961.97 for the Court to rule on.

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Case 1:01-cv-01250-RPM-CBS

Document 170

Filed 11/30/2007

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2.

The Chief Deputy Clerk awarded Defendants $18,119.59 in costs. (Docket No.

153) Defendants have been paid this amount, plus post-judgment interest, in full. 3. The remainder of Defendants' costs are contained in their separately filed motion

regarding costs. (Docket No. 151-1) Plaintiffs did not respond to Defendants' motion, and on October 26, 2005, Defendants filed a motion, asking that the request for costs be deemed unopposed and confessed. (Docket No. 164) Plaintiffs did not respond to this Motion either. 4. On October 22, 2007, the Tenth Circuit Court of Appeals issued an opinion

affirming the Court's summary judgment in favor of Defendants. (Docket No. 168) The mandate was entered on October 30, 2007. (Docket No. 169) 5. Defendants respectfully request the Court rule on their motion regarding

additional costs. 6. In filing their original motion regarding costs, Defendants complied with the

confer requirements of D.C.Colo.LCivR7.1. WHEREFORE, Defendants respectfully request this Court award them additional costs pursuant to Rule 68 in the amount of $32,961.97, plus pre- and post-judgment interest. Dated: November 30, 2007 DAVIS GRAHAM & STUBBS LLP By: s/ Janet A. Savage Janet A. Savage 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400 Facsimile: (303) 892-1379 [email protected] ATTORNEYS FOR DEFENDANTS

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CERTIFICATE OF SERVICE I hereby certify that on November 30, 2007, I served the foregoing with the Clerk of the Court using the CM/ECF system and placed a copy of the foregoing in the U.S. mail addressed to: David Sandoval David A. Sandoval, Attorney at Law P.O. Box 24093 Santa Fe, New Mexico 87502 Counsel for Plaintiffs

s/ Lynn Madjour

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