Free Motion for Judgment - District Court of Colorado - Colorado

Case 1:04-cv-00560-OES-BNB

Document 60

Filed 10/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00560-OES-BNB

GEORGE M. BULL, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Defendant.

DEFENDANT UNION PACIFIC'S MOTION FOR CREDITS

COMES NOW Defendant, Union Pacific Railroad Company ("Union Pacific"), by and through its undersigned attorneys, and hereby moves this Court for an Order that the following credits will be deducted from any Judgment which may be entered against Defendant and in favor of Plaintiff in this matter: Railroad Retirement Benefits Advances TOTAL As grounds for this Motion Defendant states as follows: 1. The Railroad Retirement Board paid Mr. Bull $5,321.14 in Railroad Retirement $ 5,321.14 $ 7,965.00 $13,286.14

Benefits pursuant to Section 362(o) of the Railroad Unemployment Insurance Act, 45 U.S.C. §351, et seq. See Exhibit A. Under the provisions of the Railroad

Unemployment Insurance Act, the Railroad Retirement Board filed a lien against Defendant seeking reimbursement for the Railroad Retirement Benefits which were paid

Case 1:04-cv-00560-OES-BNB

Document 60

Filed 10/11/2005

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to Plaintiff.

See Exhibit B.

Under the provisions of the Railroad Unemployment

Insurance Act, 45 U.S.C. §351, et seq., if the Plaintiff either settles his case or is awarded a judgment at trial, the Defendant must reimburse the Railroad Retirement Board for the full amount of the benefits paid to Plaintiff. 45 U.S.C. §362(o). 2. Defendant has made Advances to the Plaintiff in the total amount of $7,965.00.

According to the terms of the Advance Payment Receipts signed by Plaintiff, attached hereto as Exhibit C, Plaintiff must reimburse the Defendant for all Advances made by Defendant to Plaintiff. WHEREFORE, Defendant respectfully requests that the total sum of $13,286.14 be deducted from any Judgment which may be entered against Defendant and in favor of Plaintiff in this matter. DATED this 11th day of October, 2005. Respectfully submitted,

_s/Mark C. Hansen_______ MARK C. HANSEN Union Pacific Railroad Company 1331 17TH Street, Suite 406 Denver, CO 80202 (303) 964-4583 FAX: (303) 964-4585

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Case 1:04-cv-00560-OES-BNB

Document 60

Filed 10/11/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 11th day of October, 2005, 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 addresses: [email protected] Sabina Y. Chung, Esq. Jack D. Robinson, Esq. SPIES, POWERS & ROBINSON, P.C. 1660 Lincoln Street, Suite 2220 Denver, CO 80264 Fredric A. Bremseth, Esq. Thomas W. Geng, Esq. BREMSETH LAW FIRM 810 East Lake Street Wayzata, MN 55391 Donald C. Sinclair, II Sinclair Kelly Jackson Reinhart & Hayden, LLC 501 Corporate Drive, Suite 200 Canonsburg, PA 15317 (724) 873-8660

[email protected]

[email protected]

I certify that there are no non CM/ECF participants in this case.

_s/Mark C. Hansen_______ MARK C. HANSEN Union Pacific Railroad Company 1331 17TH Street, Suite 406 Denver, CO 80202 [email protected]

G:\DENLAW\MARK HANSEN\OPEN\Bull\TRIAL PREP\Motion for Credits 10-11-05.doc

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