Furlow v. University of Colorado Hospital Authority et al

Filing 33

ORDER FOR AWARD OF ATTORNEY'S FEES re 27 : defendants' motion is granted as to the tort action. Additionally, the motion is granted on the § 1983 claim which was frivolous and groundless. The Hospital Authority is awarded $6,084.38 and the University is awarded $7,734.37 as their respective fees for legal services in defending this action, by Judge Richard P. Matsch on 5/23/2014.(jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 13-cv-02877-RPM
BENJAMINE FURLOW III,
Plaintiff,
v.
UNIVERSITY OF COLORADO HOSPITAL AUTHORITY,
UNIVERSITY OF COLORADO BOARD OF REGENTS, and
MATTHEW C. UHLENKOTT, M.D.,
Defendants.
_____________________________________________________________________
ORDER FOR AWARD OF ATTORNEY’S FEES
_____________________________________________________________________
The defendants University of Colorado Hospital Authority and University of
Colorado Board of Regents were dismissed from this civil action by this Court’s Order
for Dismissal entered on April 16, 2014. That order granted those defendants’ motions
to dismiss under Fed.R.Civ.P. 12(b)(1) and (6) because the plaintiff’s Second Amended
Complaint failed to present adequate factual support for a plausible claim of liability
under Colorado law for holding these entities liable for a sexual assault by a medical
resident employed by the University and the substantive due process claim under the
Fourteenth Amendment.
The dismissed defendants filed this motion for attorney’s fees on April 25, 2014,
claiming entitlement under C.R.S. § 13-17-201. The plaintiff objected and the
defendants filed their reply.
The defendants’ motion is granted as to the tort action. Additionally, the motion
is granted on the § 1983 claim which was frivolous and groundless.

The plaintiff has not objected to the amount and reasonableness of the fees
requested.
It is
ORDERED, that the Hospital Authority is awarded $6,084.38 and the University
is awarded $7,734.37 as their respective fees for legal services in defending this action.
DATED: May 23rd, 2014
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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