Free Judgment - District Court of Colorado - Colorado

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

Document 125

Filed 12/11/2006

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Lewis T. Babcock Civil Action No. 04-cv-01160-LTB-CBS ISABELLE DERKEVORKIAN, Plaintiff, vs. LIONBRIDGE TECHNOLOGIES, INC.d/b/a LIONBRIDGE US, INC., SHARRYN E. ROSS, and ROSS, MARTEL & SILVERMAN, LLP, Defendants. ____________________________________________________________________ JUDGMENT ____________________________________________________________________ PURSUANT to and in accordance with the Order entered by the Honorable United States District Chief Judge Lewis T. Babcock, entered on January 26, 2006, IT IS ORDERED that Lionbridge Technologies, Inc., d/b/a Lionbridge U.S., Inc.' Motion for Summary Judgment is denied in part and granted in part, as follows: s, A. Plaintiff' First Claim For Relief (breach of contract) and Second Claim s For Relief (promissory estoppel) against Defendant Lionbridge survive summary judgment, but Plaintiff may not seek noneconomic damages related to these claims; B. Plaintiff' Third Claim for Relief (negligence) against Defendant s Lionbridge is dismissed with prejudice; and C. Plaintiff' Fourth Claim for Relief (breach of fiduciary duty) against s

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

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Judgment

Defendant Lionbridge survives summary judgment, including noneconomic damages. IT IS FURTHER ORDERED that Defendants Sharryn E. Ross and Ross, Martel & Silverman, LLP' Motion for Summary Judgment is granted and, as a result, s, Plaintiff' Fifth Claim for Relief (legal malpractice) against Defendants Ross and Ross, s Martel & Silverman, LLP' is dismissed with prejudice. s IT IS FURTHER ORDERED that judgment is entered for Defendants Ross and Ross, Martel & Silverman and against the Plaintiff Isabelle Derkervorkian and the action and complaint against Defendants Ross and Ross, Martel & Silverman is dismissed. IT IS FURTHER ORDERED Defendants Ross and Ross, Martel & Silverman have been awarded costs in the amount of $591.21. This matter was tried from December 4, 2006 through December 7, 2006 before a jury of nine duly sworn to try the issues herein, the Honorable Lewis T. Babcock, Chief Judge, presiding. The trial proceeded to conclusion and the jury returned its Special Verdicts as follows:

Special Verdict Form (Breach of Contract) 1. The Plaintiff, Isabelle Derkervorkian, did enter into a contract with the

Defendant, Lionbridge Technologies, Inc., relating to the process of applying for permanent resident status.

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Judgment

2.

The defendant did fail to assist and support the plaintiff in the process of

applying for permanent resident status. 3. 4. The plaintiff did perform her part of the contract. The amount of the plaintiff' damages as defined in Jury Instructions No. s

15 and No. 16, that were caused by the breach of contract by the defendant is $313,570.20. Special Verdict Form (Breach of Fiduciary Duty) 1. There was a fiduciary relationship between Plaintiff, Isabelle

Derkervorkian, and the Defendant, Lionbridge Technologies, Inc., with respect to the process of applying for permanent resident status. 2. 3. 4. damages. 6. The amount of plaintiff' noneconomic damages as defined in Jury s Instruction No. 17, Paragraph 1 is $1,000,000. IT IS FURTHER ORDERED that judgment is entered for Plaintiff Isabelle DerKevorkian and against the Defendant Lionbridge Technologies, Inc., in the amount of $1,313,570.20. IT IS FURTHER ORDERED that the promissory estoppel claim is DISMISSED AS MOOT. 3 The defendant did breach a fiduciary duty owed to the plaintiff. The plaintiff did have damages. The defendant' breach of fiduciary duty was a cause of the plaintiff' s s

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

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Judgment

IT IS FURTHER ORDERED that Plaintiff is awarded costs upon the filing of a Bill of Costs with the Clerk of Court within ten days entry of this judgment. IT IS FURTHER ORDERED that plaintiff is awarded pre-judgment interest calculated at the rate of 8% per annum from January 1, 2004, the date of Plaintiff' s termination, to December 7, 2006. IT IS FURTHER ORDERED that post-judgment interest shall accrue at the legal rate of 4.95% per annum from December 7, 2006. Dated at Denver, Colorado, this 11th day of December 2006.

APPROVED:

FOR THE COURT: GREGORY C. LANGHAM, CLERK

__s/Lewis T. Babcock____ Lewis T. Babcock, Chief Judge United States District Court

By: Stephen P. Ehrlich Stephen P. Ehrlich, Chief Deputy Clerk

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