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

Case 1:04-cv-01825-ZLW-BNB

Document 110

Filed 02/28/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 04-cv-01825 ­ ZLW - BNB THE ESTATE OF CHANDA JOHNSON, Deceased, by DORRIS RICHARDSON, Plaintiff/Personal Representative, Plaintiff, v. AVAYA INC., a Delaware Corporation, Defendant. ______________________________________________________________________________ DEFENDANT'S APPLICATION FOR ATTORNEY FEES ______________________________________________________________________________

COMES NOW, Defendant Avaya Inc., through its undersigned attorneys, and respectfully submits the following Application for Attorney Fees. In support of this Application, Defendant states as follows: 1. On February 14, 2006, the Court entered an Order and Judgment of Dismissal

("Order"). This Order dismissed this case with prejudice and also awarded Defendant its reasonable fees and costs incurred in connection with Defendant's Motion to Dismiss With Prejudice Based Upon Settlement and Defendant's Motion for Summary Judgment Based Upon Settlement (collectively referred to herein as the "Motions"). 2. As is shown in the attached Affidavit of Patrick J. Miller (Exhibit A), Defendant

incurred $17,742.00 in attorney fees in connection with the Motions.

Case 1:04-cv-01825-ZLW-BNB

Document 110

Filed 02/28/2006

Page 2 of 3

3.

On February 22, 2006, the undersigned sent counsel for Plaintiff a letter in which

he requested the amount of $18,090.88 (the $17,742.00 in fees sought herein and $348.88 in additional costs and charges). (Exhibit B). As of the filing of this Application, the undersigned has not heard from Plaintiff's counsel with respect to this issue. WHEREFORE, Defendant respectfully requests that this Application be granted and that the Court enter an Order requiring Plaintiff to tender to Defendant the amount of $17,742.00.

Respectfully submitted this 28th day of February, 2006.

s/ Patrick J. Miller Patrick J. Miller SHERMAN & HOWARD L.L.C. 633 Seventeenth St., Suite 3000 Denver, CO 80202 Tel: (303) 297-2900 Fax: (303) 298-0940 Attorney for Defendant Avaya Inc.

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Case 1:04-cv-01825-ZLW-BNB

Document 110

Filed 02/28/2006

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on February 28 2006, I electronically filed the foregoing DEFENDANT'S APPLICATION FOR ATTORNEY FEES 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] Larry Carroll, Esq. Carroll & Associates, P.C. 1900 Grant Street, Suite #650 Denver, Colorado 80203 s/ Cheryl Witt

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