Keeney v. Auto-Owners Insurance Company

Filing 37

ORDER ON REVIEW OF AWARD OF COSTS re 35 : the award of costs by the Clerk is revised to exclude the amounts awarded for expert witnesses, making the award $65.00, by Judge Richard P. Matsch on 5/9/2014 re 34 .(jsmit )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 13-cv-00796-RPM
MICHAEL DAY KEENEY,
Plaintiff,
v.
AUTO-OWNERS INSURANCE COMPANY,
Defendant.
______________________________________________________________________________
ORDER ON REVIEW OF AWARD OF COSTS
______________________________________________________________________________
The Clerk of this Court awarded costs to the defendant in the amount $15,338.82 on
April
16, 2014. That award included claimed expert witness fees and expenses pursuant to
C.R.S. § 13-17-202, a state statutory provision providing for such an award after an offer of
settlement has been made and rejected. The plaintiff filed a motion to review the clerk’s action
on April 23, 2014 [35] and the defendant filed its response on April 30, 2014 [36].
This civil action was dismissed on summary judgment based on a policy exclusion. The
motion for summary judgment was filed on the same date as the offer of settlement. The
retention of expert witnesses was not necessary to this case and their opinions had no relevance
to the determining issue concerning policy coverage. Accordingly, it is
ORDERED that the award of costs by the Clerk is revised to exclude the amounts
awarded for expert witnesses, making the award $65.00.
DATED: May 9th , 2014
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge