Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01124-JLK-MEH

Document 139

Filed 03/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. O4-MSK-1124(OES) LINDA FORGACS, MONICA JONES, DANIEL LINK, GRACE MORENO AND PAM ROGGE, Plaintiffs, V. EYE CARE CENTER OF NORTHERN COLORADO; WILLIAM L. BENEDICT, M.D.; JOEL S. MEYERS, M.D.; MORRIS TILDEN, M.D.; IRENE OLIJNYK, M.D.; and JAY R. HOLMS, Defendants. ___________________________________________________________________ RESPONSE TO DEFENDANTS SUBMISSION RELATED TO SANCTIONS AND ATTORNEY'S FEES. _________________________________________________________________ On February 1, 2007, Magistrate Judge Hegarty issued his recommendations on Defendant's Motion For Sanctions, With Authorities. In that recommendation, Judge Hegarty rejected the

majority of the sanctions requested by the Defendants and recommended only that sanctions be granted 1) on the

defamation claim "insofar as it concerns Olijnyk" and 2) for the Seventh claim. On February 20, 2007, this court accepted the

recommendations concerning the sanctions mentioned above. On March 6, 2007, counsel for the Defendants filed its motion for attorneys fees.

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Case 1:04-cv-01124-JLK-MEH

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Apparently, the Defendants are seeking $22,340.51 in attorney's fees for these claims. The calculation was

apparently based upon counsel dividing the fees allegedly incurred by the number of claims. This method ignores the fact that the court awarded sanctions on the third claim only as it related to Olijnyk. This was an extremely minor issue in the context of the entire defamation claim. Additionally, most, if not all of the fees

incurred on this claim would have been incurred in any event because of the other defendants. The defamation claim as it

related to the Olijnyk matter were minimal and the assertion that significant fees should be awarded is not appropriate. Attached to the motion were the bills allegedly incurred in the case. A review of the bills shows insignificant time

and fees directly related to the defamation claims and no reference specific to the Olijnyk portion of the defamation claim. Additionally, counsel for the Defendants apparently does not differentiate between the fees and the amount of excess fees attributable to defending against the claims or what fees were incurred before and after the filing of the motion for sanctions. As for the any sanctions related to the Seventh Claim for Relief, it was difficult, if not impossible, to determine what

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Case 1:04-cv-01124-JLK-MEH

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time was spent on the claim from a review of the billings. Again this was one of the least complicated of the claims and did not warrant significant research and time in responding to it. The amounts claimed by the Defendants are excessive and do not accurately reflect the time that was actually spent on the claims for which sanctions were awarded. It is impossible to tell from the documentation provided by the Defendants that any fees are owed as a result of the sanctions. Plaintiffs respectfully request an award

significantly less than that requested should be awarded.

Respectfully submitted, s/George C. Price George C. Price Attorney for Plaintiff 900 Logan Street Denver, CO 80203 Telephone:(303)861-5500 [email protected]

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Case 1:04-cv-01124-JLK-MEH

Document 139

Filed 03/20/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 20, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: John R. Paddock, Jr. Pryor Johnson Carney Karr Nixon, P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, CO 80111-3061 [email protected]

s/George C. Price George C. Price Attorney for Plaintiff 900 Logan Street Denver, CO 80203 Telephone:(303)861-5500 Facsimile: (303) 863-0180 [email protected]

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