White River Village, LLP v. Fidelity Dep. Co. of Md.

Full title: WHITE RIVER VILLAGE, LLP, Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF…

Court: United States District Court, D. Colorado

Date published: Mar 23, 2009

Civil Action No. 08-cv-00248-REB-BNB, (Consolidated with Civil Action No. 08-cv-00359-REB-BNB) (D. Colo. Mar. 23, 2009)

Opinion

Civil Action No. 08-cv-00248-REB-BNB, (Consolidated with Civil Action No. 08-cv-00359-REB-BNB).

March 23, 2009

ORDER GRANTING MOTION TO BIFURCATE

ROBERT BLACKBURN, District Judge

This matter is before me on White River's Uncontested Motion To Bifurcate Claims for Attorneys Fees [#122] filed October 17, 2008. I grant the motion.

At a hearing on motions to compel held by the magistrate judge, the plaintiffs and the defendant stipulated and agreed that their claims against each other for attorney fees and legal costs should be resolved post-trial, rather than at trial. Implicitly, the parties assert that these claims properly are resolved by the court and not by a jury. I agree.

THEREFORE, IT IS ORDERED as follows:

1. That White River's Uncontested Motion To Bifurcate Claims for Attorneys Fees [#122] filed October 17, 2008, is GRANTED;

2. That the claims of the plaintiffs against the defendant for attorney fees and legal costs, and the claims of the defendant against the plaintiffs for attorney fees and legal costs SHALL BE resolved by the court, if necessary, after trial of this case is complete.