Free Stipulation - District Court of Colorado - Colorado

Case 1:00-cv-01800-JLK-BNB

Document 143

Filed 09/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 00-cv-1800-JLK-BNB GREGORY ZOLNICK, Plaintiff, v. GRAPHIC PACKAGING CORPORATION, Defendant. ______________________________________________________________________________ STIPULATION CONCERNING ATTORNEYS' FEES AND COSTS ______________________________________________________________________________ Pursuant to the Court's Order for Entry of Judgment, entered on December 14, 2004, Plaintiff, Gregory Zolnick ("Zolnick"), and Defendant, Graphic Packaging Corporation ("GPC") (collectively, the "Parties"), hereby stipulate that Zolnick is entitled to recover from GPC $315,236.26, for attorneys' fees, litigation expenses, and costs incurred prior to March 2, 2005. In addition, the Parties state the following: 1. On December 14, 2004, this Court entered judgment in this case in the amount of

$1,012,000. In its Order for Entry of Judgment, the Court stated: Judgment also includes an award of attorney fees to Zolnick under 42 U.S.C. § 12205. Zolnick shall submit to GPC a fee request that includes an itemized statement of the attorney hours expended on his behalf, together with an affidavit of an independent expert attesting to the reasonableness of the hours expended and the rate per hour charged. If the parties cannot agree as to a fee amount, I will refer the matter to a special master who will be ordered to allocate his fee between the parties based on the reasonableness, vel non, of the positions taken on this issue.

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Case 1:00-cv-01800-JLK-BNB

Document 143

Filed 09/01/2005

Page 2 of 2

2.

Subsequently, Zolnick submitted the requisite documents and information to GPC,

and the Parties were able to agree, and hereby stipulate, that the amount of attorneys' fees, litigation expenses, and costs to be awarded to Zolnick for costs, expenses, and fees incurred prior to March 2, 2005, is $315,236.26. 3. By entering into this Stipulation Concerning Attorneys' Fees and Costs

("Stipulation"), GPC does not waive the right to argue (a) on appeal that the jury erred in finding that GPC was liable to Zolnick; or, in the event GPC prevails fully on appeal, (b) on remand that Zolnick is not entitled to recover any attorneys' fees and costs because he is not a prevailing party as that term is used in 42 U.S.C. § 12205. Rather, this stipulation applies only if Zolnick remains a prevailing party, as that term is used in 42 U.S.C. § 12205. 4. By entering into this Stipulation, Zolnick does not waive its rights to request, and if

appropriate to recover, attorneys' fees, litigation expenses, and costs that were incurred after March 1, 2005, either in proceeding before this Court, or in proceedings on appeal. Respectfully submitted this 1st day of September, 2005.

/s Meghan W. Martinez Meghan W. Martinez Brownstein Hyatt & Farber, P.C. 410 Seventeenth Street, Suite 2200 Denver, Colorado 80202 Telephone: (303) 223-1100 ATTORNEY FOR PLAINTIFF
7345\1\933414.2

/s K. Preston Oade, Jr. K. Preston Oade, Jr. Holme Roberts & Owen LLP 1700 Lincoln Street, Suite 4100 Denver, Colorado 80203 Telephone: (303) 861-7000 ATTORNEYS FOR DEFENDANT

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