Sawatzky v. United States Postal Service, The

Filing 122

ORDER Re: Costs. It is ORDERED that each party shall bear his or its own costs and attorneys' fees. By Judge Raymond P. Moore on 09/24/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Case No. 11-cv-03182-RM-GPG
TIMOTHY SAWATZKY,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
______________________________________________________________________________
ORDER RE: COSTS
______________________________________________________________________________
The Court presided over a trial to the court in July of 2013 in this Federal Tort Claims
Act case and found in favor of the Defendant. (ECF No. 120.) The issues in this case were close
and difficult, and Plaintiff Timothy Sawatzky has had serious diminution of his income over the
pendency of this litigation, and will likely continue to experience extreme economic difficulty.
See, e.g., AeroTech Inc. v. Estes, 110 F.3d 1523, 1525 (10th Cir. 1997) (discussing “some of the
circumstances in which a district court may properly deny costs to a prevailing party” including
where “the nonprevailing party was indigent [and where] the issues were close and difficult”).
Accordingly, it is ORDERED that each party shall bear his or its own costs and attorneys’ fees.
DATED this 24th day of September, 2013.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge