Free Motion for Order - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

Document 208

Filed 08/28/2008

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UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF COLORADO Case No. 03-CV-2504-REB-CBS PETER HORNICK, an individual Plaintiff, Vs. GARY BOYCE and JOANNE BOYCE, individuals Defendants. ______________________________________________________________________________ PETITION TO ENFORCE ATTORNEY'S LIEN ______________________________________________________________________________ Petitioner, Dufford & Brown, P.C., moves the Court as follows: 1. The undersigned, Herbert A. Delap, is a licensed, practicing attorney in the State

of Colorado, and Director of Petitioner, Dufford & Brown, P.C. ("Petitioner"), which maintains offices at 1700 Broadway, Suite 2100, Denver, Colorado 80290. 2. On or about September 20, 2005, Petitioner was engaged by Plaintiff Peter

Hornick ("Hornick") in this action, to represent him as his attorney, in connection with certain claims he had previously asserted against the Defendants herein for specific performance of an Option to Purchase the Defendants' interest in the Villa Grove Ranch Co., LLC and related litigation. 3. Petitioner and Hornick entered into a written fee agreement ("Fee Agreement"), a

true and correct copy of which is attached as Exhibit A and incorporated herein by this reference. The Fee Agreement provides, among other things, that interest accrues on past due amounts at

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Case 1:03-cv-02504-REB-CBS

Document 208

Filed 08/28/2008

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the rate of 18 percent per annum, and that should legal action be required to enforce the terms of the Fee Agreement, the prevailing party is entitled to an award of its reasonable attorneys' fees and costs 4. Petitioner has rendered professional services to Hornick in pursuit of his claims

against the Defendants in this case and in accordance with the Fee Agreement. In addition, in furtherance of Peter Hornick's claims, Petitioner has advanced sums for necessary expenses including long distance phone charges, copies, postage, filing fees, and computerized research. Copies of Petitioner's invoices are attached as Exhibit B. 5. Hornick has failed to pay Petitioner in accordance with the Fee Agreement, and

the full balance of fees and costs advanced by Petitioner totaling $46,864.69 including interest, remains due and owing by Hornick to Petitioner. 6. On or about May 30, 2006, Petitioner filed in this action, a Notice of Attorney's

Lien pursuant to West's C.R.S.A. §12-5-119, and served that Notice on Peter Hornick and all parties to this action. A true and correct copy of that Notice is attached as Exhibit C. 7. On or about September 6, 2006, judgment was entered herein in favor of Hornick

and against Defendants in this action in the amount of $1,500,000.00 exclusive of pre-and postjudgment interest and costs (the "Judgment"). See Satisfaction of Judgment attached as Exhibit D. On August 5, 2008, Hornick filed a Satisfaction of Judgment acknowledging that the Judgment and been paid in full. 8. Petitioner is entitled to have judgment entered in its favor and against Peter

Hornick for the sum of $46,864.69, plus interest at the rate of 18 percent per annum from July 31, 2008 until the date of judgment. See id.

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WHEREFORE, Petitioner prays that the Court enter judgment in its favor and against Peter Hornick for the sum of $46,864.69, its reasonable attorneys' fees, costs, and interest at the rate of 18 percent per annum from July 31, 2008 until the date of judgment. Dated this 28th day of August, 2008. DUFFORD & BROWN, P.C. /s/ Herbert A. Delap Herbert A. Delap, #1005 Chris G. Baumgartner, #31144 1700 Broadway, Suite 2100 Denver, CO 80290-2101 FORMER ATTORNEYS FOR PLAINTIFF PETER HORNICK

Petitioner's Address: Dufford & Brown, P.C. 1700 Lincoln Street, Suite 2100 Denver, CO 80290

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of August, 2008, I true and correct copy of the foregoing PETITION TO ENFORCE NOTICE OF ATTORNEY'S LIEN was served on the following via the Court's ECF Filing System, or U.S. Mail to:

Peter Hornick 177 W. 83rd Street, Suite 5N New York, NY 10024 Todd S. Pickard Balber, Pickard, Battistoni, Maldonado & Van Der Tuin, PC 1370 Avenue of the Americas New York, NY 10019 Robert J. Bruce Lawlis & Bruce 1875 Lawrence Street, Suite 750 Denver, CO 80202 Eric Schwiesow Lester, Sigmond, Rooney & Schwiesow 311 San Juan Avenue P.O. Box 1270 Alamosa, CO 81101

Alan L. Hale Hale Friesen, LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202-6171 Richard G. Olona Olona & Associates, P.C. 7472 S. Shaffer Lane, #130 Littleton, CO 80127 Stanley L. Garnett Annie T. Kao Brownstein Hyatt & Farber, P.C. 410 17th Street, 22nd Floor Denver, CO 80202

/s/ Carol J. Kelly Carol J. Kelly, Legal Assistant

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