Cross Continent Development, LLC v. Town of Akron, Colorado et al
FINAL JUDGMENT by Clerk in favor of Cross Continent Development, LLC against Town of Akron, Colorado re: 216 Jury Verdict, by Robb R. Keech, Deputy Clerk on 4/21/2014. (evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-02413-WYD-KMT
CROSS CONTINENT DEVELOPMENT, LLC,
TOWN OF AKRON, COLORADO,
Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order Granting
Motion to Amend Caption, filed February 7, 2014, by the Honorable Wiley Y. Daniel,
Senior United States District Judge, and incorporated herein by reference as if fully set
forth, it is
ORDERED that the caption in this action is hereby amended to reflect that Town
of Akron, Colorado, a Colorado municipal corporation, is the sole Defendant in this
action. All other Defendants have been taken off the caption.
THIS MATTER came before the Court and a jury of ten duly sworn to try the
matter on April 14, 2014, the Honorable Wiley Y. Daniel, Senior United States District
Judge, presiding. On April 18, 2014, the jury returned its verdict as follows:
WE, THE JURY, in the above-captioned action, render our verdict as follows:
Do you find that the Plaintiff, Cross Continent Development, LLC, has
proven, by a preponderance of the evidence, its claim against the Town of Akron for
breach of contract as referenced in Instructions 14, 15 and 16?
If you answered "Yes" to Question 1, proceed to Questions 2 and 3. If you
answered "No" to Question 1, do not answer the remaining questions, and sign and
date the verdict form.
Do you find that the Defendant has proven by a preponderance of the
evidence its affirmative defense that Plaintiff Cross Continent Development LLC failed
to mitigate or reduce its damages as referenced in Instruction 18?
What amount of damages, if any, will reasonably and fairly compensate
the Plaintiff Cross Continent Development, LLC for any losses suffered that were
proximately caused by the breach of contract, taking into account any reduction in
damages based on a failure to mitigate damages? Answer in dollars and cents in the
IT IS HEREBY
ORDERED that judgment is hereby entered in favor of plaintiff, Cross Continent
Development, LLC, and against defendant, Town of Akron, Colorado, in the total
amount of $1.00 on Plaintiff’s breach of contract claim. It is further
ORDERED that post-judgment interest shall accrue at the current rate of 0.11%,
as calculated pursuant to 28 U.S.C. § 1961, from the date of entry of judgment. It is
ORDERED that Plaintiff shall have by the filing of a Bill of Costs with the Clerk of
this Court within fourteen (14) days of entry of judgment, and pursuant to the
procedures set forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado this 21st day of April, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
/s/ Robert R. Keech
Robert R. Keech,
APPROVED AS TO FORM:
/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE
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