Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:00-cv-02360-MJW-OES

Document 121

Filed 10/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02360-MJW DAVID H. CLANCY, et al., Plaintiff, v. CHARLES A. MILLER, et al., Defendants.

MOTION TO SET AMOUNT OF ATTORNEY'S FEES AWARD

Defendants, the United States of America, the Secretary of Agriculture, and the United States Forest Service (collectively the "United States"), respectfully request that this Court set the amount of the attorney's fees awarded by the Tenth Circuit on appeal at $14,365.12 , on the following grounds: 1. On June 30, 2004, the district court issued an order granting summary

judgment to the United States on Clancy's quiet title action challenging the United States' title to a ten-acre patented mining claim located in the White River National Forest known as the Annie Hayford Lode Mining Claim. 2. Clancy appealed, and on August 2, 2006, the Tenth Circuit issued an

Order and Judgment affirming the district court's grant of summary judgment in favor of the United States.

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3.

On August 29, 2006, the United States filed a motion seeking its attorney's

fees pursuant to Pub. L. No. 103-255 § 5(c), 108 Stat. 684 (1994) (the "Exchange Act"). 4. On October 5, 2006, the Tenth Circuit issued an order granting the United States'

motion for attorney's fees and remanding to the district court for further proceedings consistent with its order. 5. On October 13, 2006, the Court ordered the parties to meet and confer to see if

they could agree upon an amount of attorney fees. The Court ordered that on or before October 30, 2006, the parties must either file a stipulation as to the amount of attorney's fees to be awarded or the United States must file an itemized affidavit with the Court as to the amount of attorney's fees requested. 6. The United States has attempted to confer with Plaintiff's counsel pursuant to the

Court's Order before filing this motion. On October 16, 2006, undersigned counsel for the United States e-mailed Plaintiff's counsel to confer as to whether an agreement could be reached on the amount of attorney's fees to be awarded. On October 17, 2006, Plaintiff's counsel acknowledged receipt of the e-mail and stated that he would try to respond to it the next day, Wednesday, October 18, 2006. Because undersigned counsel never heard anything back from Plaintiff's counsel, on October 23, 2006, she e-mailed again requesting a response and indicating that although the deadline set by the Court was the following Monday, she would need to file the motions on Friday, October 27, 2006. Plaintiff's counsel did not respond to the second e-mail. Undersigned counsel called Plaintiff's counsel on October 27, 2006, but was informed that Plaintiff's counsel was out of the office. 2

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7.

The United States was represented in this action by Assistant United States

Attorney Roxane J. Perruso, who spent a total of approximately one hundred twelve (112.00) hours on the appeal. See Exhibit 1, Declaration of Roxane J. Perruso at ¶ 6; Exhibit 3, Description of Work & Calculation of Fees. 8. The reasonable attorney's fees for the work performed by Assistant United States

Attorney Roxane J. Perruso in the defense of this action on appeal is Fourteen Thousand Three Hundred and Sixty Five Dollars and 12/100ths ($ 14,365.12). See Exhibit 1, Declaration of Roxane J. Perruso; Exhibit 2; Memorandum re Computation of Attorney Fees; Exhibit 3, Description of Work & Calculation of Fees. WHEREFORE, the United States respectfully requests that the Court set the amount of the attorney's fees award at $ 14,365.12. DATED this 27th day of October, 2006.

TROY A. EID UNITED STATES ATTORNEY s/Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Tel. 303-454-0127 Fax 303-454-0404 [email protected] for the United States

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on October 27, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Peter R. Bornstein [email protected],[email protected] Roxane J. Perruso [email protected],[email protected] Gary A. Wright [email protected],[email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand- delivery, etc.) indicated above the nonparticipant's name:

Helena Jones-Siddle, Esq. [email protected]

(E-Mail)

s/Roxane J. Perruso Roxane J. Perruso

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