Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01160-LTB-CBS

Document 139

Filed 01/22/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01160-LTB-CBS ISABELLE DerKEVORKIAN, Plaintiff, v. LIONBRIDGE TECHNOLOGIES, INC., d/b/a LIONBRIDGE US, INC., SHARRYN E. ROSS and ROSS, MARTEL & SILVERMAN, LLP Defendants. ______________________________________________________________________________ PLAINTIFF'S REPLY TO DEFENDANT LIONBRIDGE'S RESPONSE TO MOTION TO ALTER OR AMEND JUDGMENT ______________________________________________________________________________ Plaintiff, by her attorneys, Dietze and Davis, P.C., respectfully submits the following Reply to Defendant Lionbridge Technologies, Inc.'s Response in Partial Opposition to Plaintiff's Motion to Alter or Amend the Judgment. A. Pre-judgment interest on noneconomic damages. Lionbridge concedes that Plaintiff suffered a personal injury, that pre-judgment interest on damages for personal injury is governed by C.R.S. §13-21-101(1), that the proper rate of interest is 9%, and that this claim accrued during Plaintiff's employment with Lionbridge and, thus, before her actual termination. Therefore, unless the Court accepts Lionbridge's argument that the claim for breach of fiduciary duty is barred by the Colorado Worker's Compensation Act, the judgment should be amended in the manner requested in Plaintiff's Motion to Alter or Amend.

Case 1:04-cv-01160-LTB-CBS

Document 139

Filed 01/22/2007

Page 2 of 3

For the reasons stated in this Court's January 26, 2006 Order on Lionbridge's Motion for Summary Judgment and in Section D of Plaintiff's Response to Defendant's Rule 59 Motions, the Colorado Worker's Compensation Act does not bar Plaintiff's claim. In its own Rule 59 motion, Lionbridge has asked that the judgment for non-economic damages be reduced pursuant to C.R.S. §13-21-102.5(3)(a). As set forth in Section C.2. of Plaintiff's Response to Defendant's Rule 59 Motions, prejudgment interest under C.R.S. §13-21101(1) is to be calculated on the full $1,000,000 jury award rather than on the capped amount. B. Calculation of pre-judgment interest on economic damages. Lionbridge does not oppose Plaintiff's request that interest be calculated on economic damages from October 1, 2003 and that interest be compounded on October 1 of 2004, 2005, and 2006. Dated this 22nd day of January, 2007. Respectfully submitted, DIETZE and DAVIS, P.C. By: "s/ Joel C. Maguire" Joel C. Maguire Dietze and Davis, P.C. 2060 Broadway, Suite 400 Boulder, CO 80302 Telephone: (303) 447-1375 Fax: (303) 440-9036 Email: [email protected] Attorney for Plaintiff Isabelle DerKevorkian

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Case 1:04-cv-01160-LTB-CBS

Document 139

Filed 01/22/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on January 22, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: John Edwin Bolmer, II [email protected] [email protected] [email protected] Dan S. Cross [email protected] [email protected] David Everett Leavenworth, Jr. [email protected] [email protected] [email protected] Michael James Hofmann [email protected] [email protected] David Bruce Wilson [email protected] [email protected] By: "s/ Susan J. Armour" Susan J. Armour, Legal Assistant Dietze and Davis, P.C. 2060 Broadway, Suite 400 Boulder, CO 80302 Telephone: (303) 447-1375 Fax: (303) 440-9036 Email: [email protected]

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