Free Motion for Costs - District Court of Colorado - Colorado

Case 1:01-cv-01250-RPM-CBS

Document 164

Filed 10/26/2005

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-1250-RPM-CBS ANA PATRICIA MONTES; NELY DAVILA; JOSEFA C. DIAZ; MARGARITA ERAZO; EVA ESCOBEDO; ERNESTO GARCIA; WILLIE MAE HOPKINS; ELIZABETH JARAMILLO; ANGELICA NUNEZ; and MERVIN D. VARGAS, Plaintiffs, vs. VAIL CLINIC, INC., d/b/a VAIL VALLEY MEDICAL CENTER, INC., and SERVICEMASTER MANAGEMENT SERVICES LIMITED PARTNERSHIP, Defendants. MOTION FOR COURT TO DEEM DEFENDANTS' MOTION REGARDING BILL OF COSTS CONFESSED

Defendants Vail Clinic, Inc. d/b/a Vail Valley Medical Center, Inc. and ServiceMaster Management Services Limited Partnership (collectively "Defendants") hereby respectfully request that the Court deem Defendant's Motion Regarding Bill of Costs confessed because Plaintiffs failed to respond. As grounds for this Motion, Defendants state as follows: 1. On July 14, 2005, Defendants filed a motion regarding Defendants' Bill of Costs.

(Docket No. 151-1). In that pleading, Defendants requested that the Court award the costs set forth in that motion in the total amount of $51,807.47, pursuant to Rule 68. Of that amount, $18,450.50 reflected costs to be taxed by the clerk, leaving $32,961.97 for the Court to rule on.
#669976.1

Case 1:01-cv-01250-RPM-CBS

Document 164

Filed 10/26/2005

Page 2 of 3

2.

Defendants attached to that motion, and filed separately, a bill of costs to be taxed

by the clerk in the amount of $18,450.50. Defendants filed the proper procedures for taxation of costs and attended the bill of costs hearing, which Plaintiffs did not attend. The Chief Deputy Clerk awarded Defendants $18,119.59 in taxed costs. (Docket No. 153). 3. The remainder of Defendants' costs are contained in its separately filed motion

regarding bill of costs. (Docket No. 151-1). Defendants requested that the Court rule on that motion and award them the difference in costs, or $32, 961.97. 4. 5. Plaintiffs did not respond to Defendants' motion. Accordingly, Defendants request that the Court deem their request for costs as

unopposed and award Defendants the remainder of their costs. 6. Defendants met and conferred regarding the relief sought herein by filing their

original motion, and thereby complied with the requirements of D.C.Colo.LCivR 7.1. WHEREFORE, Defendants respectfully request that the Court award them costs pursuant to Rule 68 in the amount of $32,961.97. Dated: October 26, 2005

s/Janet A. Savage Janet A. Savage Attorneys for Defendants DAVIS GRAHAM & STUBBS LLP 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400 E-Mail: [email protected]

-2-

Case 1:01-cv-01250-RPM-CBS

Document 164

Filed 10/26/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 26, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system and placed a copy of the foregoing in the U.S. Mail addressed to: David Sandoval, Esquire David A. Sandoval, Attorney at Law P.O. Box 24093 Santa Fe, New Mexico 87502

s/ Janet A. Savage Janet A. Savage DAVIS, GRAHAM & STUBBS LLP Attorneys for Defendants 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400 D.C. Box 3 E-Mail: [email protected]

-3-