Opinion
Civil Action No. 01-cv-02156-WDM-OES.
March 14, 2007
ORDER
This matter is before me on the defendant Gambro, Inc.'s (Gambro) motion for attorney fees (doc. no. 109). By order dated February 24, 2004, I awarded Gambro its reasonable attorney fees against plaintiff which Gambro incurred in defending plaintiff's Title VII claim. Order, doc. no. 100, pp. 6-7. Gambro filed appropriate documentation requesting an award of fees of $55,930, supported by an appropriate affidavit opining that the rates and hours charged were reasonable for the work performed. Plaintiff has not filed any response.
Following review, I find that the hours charged with respect to the defense of this claim are high but explainable because of the practice of plaintiff and her counsel in this case. I likewise find that the hourly rates are reasonable. Although I have some concern for the total amount, I note that because of an unsuccessful appeal by plaintiff and other factors, there has been a significant delay in entering judgment on this issue. Taken into account inflation and loss of interest, I conclude that the requested amount is reasonable because of the delay. See Ramos v. Lamm, 713 F.2d 546 (10th Cir. 1983).
Accordingly, it is ordered:
1. Defendant's motion for entry of judgment on the court's award of attorney fees (doc. no. 109) is granted;
2. Judgment shall enter in favor of Gambro, Inc. and against the plaintiff Fran Mattera for attorney fees in the amount of $55,930; and
3. Interest shall accrue on the judgment as permitted by law.