Equal Employment Opportunity Commission v. Original Honeybaked Ham Company of Georgia, Inc., The

Filing 335

ORDER denying without prejudice #325 Plaintiff EEOC's Motion for Reconsideration of Costs, by Magistrate Judge Michael E. Hegarty on 2/27/2013. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02560-MSK-MEH
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
WENDY CABRERA,
Intervenor Plaintiff,
v.
THE ORIGINAL HONEYBAKED HAM COMPANY OF GEORGIA, INC.,
Defendant.

ORDER ON MOTION FOR RECONSIDERATION

Michael E. Hegarty, United States Magistrate Judge.
Before the Court is Plaintiff EEOC’s Motion for Reconsideration of Costs [filed February
20, 2013; docket #325]. Plaintiff seeks to be relieved from the burden of responsibility for all of the
costs associated with the work of the Special Master in this case. I previously entered an Order that
the parties would split the costs evenly. I have now entered a supplemental Order that indicates I
will address apportionment of the Special Master’s costs after the conclusion of Special Master
BlueStar’s work in this case. The only aspects of my previous order that have changed are that (1)
the EEOC, which is the contracting party with the Special Master, will pay the Special Master’s
costs in the first instance, with costs to be apportioned between the parties thereafter; and (2) there
is no longer a presumption that the costs will be split evenly, but rather, I will equitably apportion
costs with no preconceived target, after the work of the Special Master is complete.
For this reason, the Motion for Reconsideration is denied without prejudice.
Dated and entered this 27th day of February, 2013, in Denver, Colorado.

BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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