USA v. $114,700.00 in United States Currency

Filing 186

ORDER: Unopposed Motion to Adjust Fee and Cost Award by Adding Travel Expenses 185 is GRANTED. Claimant Richard Schwabe is awarded an additional $1,370.00 in travel expenses, for a total of $134,909.00 in attorneys' fees. The $5,558.58 in costs previously awarded to Claimant Richard Schwabe is REAFFIRMED without changes. SO ORDERED by Senior Judge Christine M. Arguello on 4/5/2023.(sphil, )

Case 1:17-cv-00452-CMA-GPG Document 186 Filed 04/05/23 USDC Colorado Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Christine M. Arguello
Civil Action No. 17-cv-00452-CMA
UNITED STATES OF AMERICA,
Plaintiff,
v.
$114,700.00 in United States Currency,
Defendant.
ORDER GRANTING UNOPPOSED MOTION TO ADJUST
ATTORNEYS’ FEE AWARD
This matter is before the Court on Claimant Richard Schwabe’s Unopposed
Motion to Adjust Fee and Cost Award by Adding Travel Expenses. (Doc. # 185.)
Following a jury trial, Claimant prevailed in the above captioned in rem forfeiture
action. (Doc. # 133.) Pursuant to the Civil Asset Forfeiture Reform Act of 2020, 28
U.S.C. § 2465(b)(1)(A), Claimant moved for attorneys’ fees. (Doc. # 134.) The Court
awarded Claimant a reduced amount of fees, based on the Court’s assessment that his
counsel had exercised unsound billing judgment. (Doc. # 162.) The Court also affirmed
the Clerk’s reduced award of costs. (Doc. # 177.) Claimant appealed both awards to the
United States Court of Appeals for the Tenth Circuit which affirmed the Court’s costs
and fee awards but concluded the Court had erroneously categorized travel expenses

Case 1:17-cv-00452-CMA-GPG Document 186 Filed 04/05/23 USDC Colorado Page 2 of 3

as costs. (Doc. # 183 at 4–12.) Therefore, the Tenth Circuit remanded solely for this
Court to consider travel expenses as potential attorneys’ fees. (Id. at 12.)
Following the Tenth Circuit’s remand, Claimant filed the instant Motion requesting
$1,370 in travel expenses. (Doc. # 185.) Claimant attached to his Motion an Affidavit of
Counsel in which Edward M. Burch attests that he conferred with counsel for the
Government who has no objection to the instant Motion. (Id. at 7.) The Government has
not filed a Response to Claimant’s Motion and the time to do so has passed.
D.C.COLO.LCivR 7.1(d). Upon review of the Motion and the case file, the Court finds
that Claimant is entitled to travel expenses as attorneys’ fees and that Claimant’s
calculations for reduced travel expenses are reasonable.
As it relates to costs, Claimant makes no arguments that the Court’s previous
award of $5,558.58 should be adjusted. The Tenth Circuit’s Order noted that the only
adjustment required pertained to the award of reasonable travel expenses. (Doc. # 183
at 12.) The original cost award issued by the Clerk and affirmed by the Court did not
include attorney travel expenses and thus, the Court concludes no adjustments to that
award are necessary. (Docs. # 163, 163-1, 177.)
Therefore, the Court hereby GRANTS the Unopposed Motion to Adjust Fee and
Cost Award by Adding Travel Expenses (Doc. # 185) and it is hereby
ORDERED that Claimant Richard Schwabe is awarded an additional $1,370.00
in travel expenses, for a total of $134,909.00 in attorneys’ fees. It is

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Case 1:17-cv-00452-CMA-GPG Document 186 Filed 04/05/23 USDC Colorado Page 3 of 3

FURTHER ORDERED that the $5,558.58 in costs previously awarded to
Claimant Richard Schwabe is REAFFIRMED without changes.
DATED: April 5, 2023
BY THE COURT:
________________________________
CHRISTINE M. ARGUELLO
Senior United States District Judge

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