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2012-04-25 - Denver Court (Trial Judge) Order re Bill of Costs and Motion for Attorneys' Fees [in favor of Defendants and Intervenors]

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Enclosed here is the Order from Judge Martinez, the Trial Judge at Denver District Court, ruling on the Motions pertaining to the Bill of Costs and the Motion for Attorney Fees from the Defendants/Intervenors. In general, the court ruled in favor of the Def/Int and awarded practically all of what was requested.

This is an interesting document as it holds Findings of Facts which summarizes first and foremost that the Plaintiffs did not make any ground in any of the original claims of their suit. These findings give a legal review of what, in fact, came out of the testimony and evidence in trial, completely contrary to the original claims. This document is a good read for those who wish to get a nutshell summary of the case and its conclusions.

The Court, in this ruling, looked at each objection of the Plaintiffs to the Def/Int claims for costs and made a decision on each. All of these objections were denied except for one charge from the Indian Attorney Expert Witness of $9,250. The Court reduced the portion the Plaintiffs are responsible to $2,312.50. The court also recognized that the Def/Int corrected two errors made in their original motion, voluntarily reducing the cost of two items.

In summary, the Court awarded Bill of Costs in the amount of $50,010.68, and Attorney Fees in the amount of $422,086.65. In response to the Motion for Attorney Fees, the Order's analysis states: i) Plaintiffs' claims ignored controlling authority [AMPS], ii) Plaintiffs' claims were not supported by any credible evidence at trial, and, iii) The individual Plaintiffs are personally liable for Defendants' and Intervenor's Attorney Fees. This Order finds the Plaintiffs suit as groundless and frivolous, and therefore acts in favor of the Defendants and Intervenors in this regard.

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2012-04-25 Order re Bill of Costs and Motion for Attorneys' Fees.pdf154.28 KB