Gilmore v. Brandt

Full title: LAWRENCE R. GILMORE, Applicant, v. SCOTT T. BRANDT, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jan 18, 2012

Civil Action No. 11-cv-00151-REB (D. Colo. Jan. 18, 2012)

Opinion

Civil Action No. 11-cv-00151-REB

01-18-2012

LAWRENCE R. GILMORE, Applicant, v. SCOTT T. BRANDT, Respondent.

Robert E. Blackburn

Judge Robert E. Blackburn

ORDER GRANTING APPLICANT'S MOTION FOR ATTORNEY FEES

Blackburn, J.

The matter before me is Applicant's Motion for Attorneys' Fees [#33]¹ filed November 11, 2011. I have subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question). I grant the motion.

1 "[#33]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order and the orders entered in this case.

Pursuant to my Order [#31] filed October 31, 2011, and as provided by the Colorado Securities Act, §11-51-604, C.R.S., applicant was awarded his attorney fees incurred in the instant lawsuit to enforce an arbitration award in his favor. (Id. ¶ 5(c) at 11.) Based on a lodestar calculation applicant requests $17,740.00 in attorney fees. See Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983) ("lodestar" represents the number of hours reasonably expended multiplied by a reasonable hourly rate); Malloy v. Monahan, 73 F.3d 1012, 1017-18 (10th Cir. 1996) (same). There is a strong presumption that the lodestar fee represents a reasonable

fee for purposes of fee-shifting statutes. Homeward Bound, Inc. v. Hissom Memorial Center, 963 F.2d 1352, 1355 (10th Cir. 1992).

Respondent does not object. (See Respondent's Response to Applicant, Lawrence R. Gilmore's Motion for Attorneys [sic] Fees at 1 [#39] filed December 2, 2011.) Moreover, having reviewed applicant's motion and supporting documents, I find that the amount of fees requested is eminently reasonable.² Accordingly, I find and conclude that applicant's motion should be granted and applicant awarded $17,740.00 in attorney fees.

2 I specifically commend applicant's counsel for their exemplary exercise of sound billing judgment in propounding their fee request.
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THEREFORE, IT IS ORDERED as follows:

1. That Applicant's Motion for Attorneys' Fees [#33] filed November 11, 2011, is GRANTED; and

2. That applicant, Lawrence R. Gilmore, is AWARDED attorney fees in the amount of $17,740.00.

Dated January 18, 2012, at Denver, Colorado.

BY THE COURT:

_____________________

Robert E. Blackburn

United States District Judge