Sun River Energy, Inc. v. Nelson et al

Filing 266

MINUTE ORDER granting 260 Motion for Leave to File Response to Plaintiff's Objection to Defendants' Attorney's Fees Nunc Pro Tunc 12/28/2012. The Court amends its 1/2/2013 Order. By Magistrate Judge Michael E. Hegarty on 1/17/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00198-MSK-MEH
SUN RIVER ENERGY, INC.,
Plaintiff,
v.
ERIK S. NELSON,
STEVE STEPHENS, and
CORAL CAPITAL PARTNERS, INC.,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 17, 2013.
Defendants’ Motion for Leave to File Response to Plaintiff’s Objection to Defendants’
Attorney’s Fees Nunc Pro Tunc December 28, 2012 [filed January 4, 2013; docket #260] is granted.
The Court will consider Defendants’ response brief in its reconsideration of the January 2, 2013
order awarding attorney’s fees as a sanction.
First, the Court will stand by its order to consider only the time spent and fees claimed during
the period between October 5, 2012 and November 13, 2012 when the motion was prepared.
Therefore, any and all time claimed by Ms. Burma will not be considered.
Second, in accordance with D.C. Colo. LCivR 54.3(B)(2), the Court will accept the
information provided for Cyd Hunt and accepts her hourly rate of $225 as reasonable.
Third, the Court will sustain in part the Plaintiff’s objection concerning the time Ms. Hunt
spent drafting and preparing the reply brief. The brief itself is only a bit more than four pages and
the content reflects that no significant research was necessary. As set forth in Defendants’ response,
Ms. Hunt has more than 25 years of experience as a lawyer. Thus, the Court finds that two hours
is reasonable for the time Ms. Hunt spent drafting and preparing the reply brief.
Accordingly, the Court hereby amends its January 2, 2013 order as follows:
1.

The Court will award the Defendants the time spent and fees claimed by Gabe
McFarland in drafting and preparing the motion and reply brief: 1.9 hours for a total
of $693.50; and

2.

The Court will award the Defendants half of the time spent and fees claimed by Cyd
Hunt in drafting and preparing the reply brief: 2 hours for a total of $450.00.

3.

Plaintiff shall pay the total amount of $1,143.50 and shall file a Notice of
Compliance with this Order re: Sanctions on or before January 31, 2013.

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