Free Motion for Costs - District Court of Colorado - Colorado

Case 1:04-cv-01143-JLK

Document 82

Filed 02/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1143 (JLK)

DOLLY LAU, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant.

DEFENDANT'S MOTION FOR BILL OF COSTS

Defendant, Allstate Insurance Company, through its attorneys, Walberg, Dagner & Tucker, P.C., submits the following Motion for Bill of Costs pursuant to F.R.C.P. 68. PROCEDURAL STATUS Plaintiff, Dolly Lau ("Lau"), brought suit against Defendant, Allstate Insurance Company ("Allstate"). On December 20, 2004, Allstate made a formal Offer of Judgment, pursuant to

F.R.C.P. 68, in the amount of $10,000.00 (Exhibit A). Lau rejected this offer. The jury trial began on February 2, 2006, and lasted nine days. The jury returned a verdict in favor of Lau for less than Allstate's Offer of Judgment. F.R.C.P. 68 provides in pertinent part as follows: If the judgement finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. F.R.C.P. 68 is intended to encourage settlement of litigation and to provide inducement to

Case 1:04-cv-01143-JLK

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settle where here is a strong likelihood that the plaintiff will recover, but the amount of recovery is uncertain. Delta Air Lines, Inc. v. August, 101 S.Ct. 1146, 450 U.S. 346, 67 L.Ed.2d 287 (1981). When the rejected offer exceeds the judgment obtained, the court has no discretion in awarding costs. Waters v. Heublein, Inc., 485 F.Supp. 110 (N.D.Cal.1979). It is mandatory that the plaintiff must pay offerors' costs incurred after making the offer. Adams v. Wolff, D.Nev.1986, 110 F.R.D. 291 (D.Nev.1986); Mr. Hanger, Inc. v. Cut Rate Plastic Hangers, Inc., 63 F.R.D. 607 (E.D.N.Y.1974). Accordingly, all of the following reasonable costs must be paid by Plaintiff, since the Offer of Judgment was higher than what Lau actually recovered. DATED: February 21, 2006 Respectfully submitted, WALBERG, DAGNER & TUCKER, P.C.

By:

/s/ Kristin A. Brenner Kristin A. Brenner Walberg, Dagner & Tucker, P.C. Quebec Centre II 7400 E Caley Ave Suite 300 Centennial, CO 80111-6714 303-694-9300 phone 303-694-9370 fax [email protected] Attorneys for Defendant Allstate

Case 1:04-cv-01143-JLK

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CERTIFICATE OF MAILING I hereby certify that a true copy of the foregoing was placed in the U.S. Mail, with postage prepaid, on February 21, 2006, copies addressed to: Pete Cordova, Esq. P.O. Box 1124 1604 H. Street Salida, CO 81201 Clerk of the Court United States District Court District of Colorado Alfred A. Arraj United States Courthouse 901 19th Street, Room A105 Denver CO 80294-3589 /s/Patricia Greasham Patricia Greasham

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