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Home My WebLink About2020CV30580 - City Of Fort Collins V. Board Of County Commissioners Of Larimer County, Colorado And Streetmediagroup, Llc - 052 - Order Re Bill Of CostsPage1 of1 COURT,DISTRICT COUNTY, COLORADOLARIMER (FT COLLINS) Court Address: 201 LAPORTE AVENUE, SUITE 100, FORT COLLINS, CO, 80521 Plaintiff(s)THE CITY OF FORT COLLINS v. Defendant(s)BOARD OF COUNTY COMMISSIONERS OF LARIMER et al. COURT USE ONLY Case Number:2020CV30580 Division:4A Courtroom: Order:Bill of Costs The motion/proposed order attached hereto: SO ORDERED. Issue Date:3/7/2023 CARROLL MICHELLE BRINEGAR District Court Judge DATE FILED: March 7, 2023 3:30 PM CASE NUMBER: 2020CV30580 DISTRICT COURT, COUNTY OF LARIMER, STATE OF COLORADO Larimer County Justice Center 201 Laporte Avenue, Suite 100 Fort Collins, CO 80521-2762 Telephone: (970) 498-6100 ▲ COURT USE ONLY ▲ Plaintiff: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, v. Defendants: BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO; STREETMEDIAGROUP, LLC Attorneys for Defendant, StreetMediaGroup, LLC: Todd G. Messenger, Atty. Reg. No. 38783 Amanda C. Jokerst, Atty. Reg. No. 47241 FAIRFIELD AND WOODS, P.C. 1801 California Street, Suite 2600 Denver, CO 80202 Telephone: (303) 830-2400 Facsimile: (303) 830-1033 E-Mail: tmessenger@fwlaw.com; ajokerst@fwlaw.com Case Number: 2020CV030580 Division: 4B DEFENDANT STREETMEDIAGROUP, LLC’S VERIFIED BILL OF COSTS Defendant StreetMediaGroup, LLC (“StreetMedia”), through its undersigned counsel, Fairfield and Woods, P.C., respectfully submits the following Verified Bill of Costs pursuant to C.A.R. 39, C.R.C.P. 54, and C.R.C.P. 121 § 1-22 as follows: I. BACKGROUND StreetMedia hereby presents this Bill of Costs out of an abundance of caution and in an effort to comply with all Colorado Appellate Rules and Practice Standards. On January 5, 2023, the Court of Appeals issued a Mandate in Case No. 2021CA833 (“Appeal”), affirming judgment of this Court denying the City of Fort Collins, Colorado (“City”), Attachment to Order - 2020CV30580 -2- Complaint for Review Pursuant to C.R.C.P. 106(a)(4). Because The City was the appellant of this Court’s judgment and the Court of Appeals affirmed the same, “costs are taxed against the appellant.” See C.A.R. 39(a)(2). This Bill of Costs invokes StreetMedia’s right to recover its costs on appeal allowed by C.A.R. 39, and for costs incurred in the Larimer County District Court pursuant to C.R.C.P. 54. II. COURT OF APPEALS COSTS (C.A.R. 39). C.A.R. 39(c) states: (1) Costs Allowed. The following costs on appeal are taxable in the trial court for the benefit of the party entitled to costs under this rule: (A) the preparation and transmission of the record; (B) the reporter's transcript, if needed to determine the appeal; (C) premiums paid for a supersedeas or other bond to preserve rights pending appeal; (D) docket fees charged pursuant to C.A.R. 12(a); and (E) fees charged for E-Filing and E-Service as defined in C.A.R. 30(a). (2) Bill of Costs. A party who wants costs to be taxed in the appellate court must file an itemized and verified bill of costs with the clerk of the trial court. Pursuant to C.R.C.P. 54(d), “reasonable costs shall be allowed as of course to the prevailing party considering any relevant factors which may include the needs and complexity of the case and the amount in controversy.” C.R.S. § 13-16-122 provides that costs may include “any docket fee required by article 32 of this title or any other fee or tax required by statute to be paid to the clerk of the court.” To the extent the City may be considered a state agency or subdivision, C.R.S. § 13-16- 111 permits StreetMedia to recover costs against the City in this C.R.C.P. 106(a)(4) action. See Branch v. Colorado Dep’t of Corr., 89 P.3d 496, 498-99 (Colo. App. 2003); Carney v. Civil Service Comm’n, 30 P.3d 861, 867 (Colo. App. 2001) (in the C.R.C.P. 106(a)(4) context, “an award of Attachment to Order - 2020CV30580 -3- costs against a municipal corporation is proper”); Farmers Reservoir and Irr. Co. v. City of Golden, 113 P.3d 119, 131 (Colo. 2005) (stating that C.R.S. § 13–16–111, “because of its specific reference to C.R.C.P. 106(a)(4), bears a clear nexus to the state to indicate the General Assembly’s intent to authorize cost awards against its entities.”). StreetMedia’s itemization of costs incurred in this matter in the Court of Appeals is set out in Table 1, below. Records of these costs are attached hereto as Exhibit A. All of these costs are recoverable under C.A.R. 39(c). Table 1: Cost Itemization (Court of Appeals) Type of Cost Description Amount Docketing Fees/Filing Fees Sept. 10, 2021 Court of Appeals online filing fees $172.00 Docketing Fees/Filing Fees Oct. 15, 2021 Court of Appeals online filing fees $24.00 Docketing Fees/Filing Fees Apr. 27, 2022 Court of Appeals online filing fees $24.00 TOTAL COSTS – COURT OF APPEALS: $220.00 III. DISTRICT COURT COSTS (C.R.C.P. 54) To the extent the Court may allow, Defendant StreetMediaGroup, LLC requests this Court award costs pursuant to C.R.C.P. 54(d) and C.R.C.P. 121 § 1-22 which are proper in the same manner as the costs detailed in Section II of this Motion. StreetMedia’s itemization of costs incurred in this matter in the Court of Appeals is set out in Table 2, below. Records of these costs are attached hereto as Exhibit A. All of these costs are recoverable under C.R.C.P. 54(d) and C.R.C.P. 121 § 1-22. Table 2: Cost Itemization (District Court) Type of Cost Description Amount Docketing Fees/Filing Fees Sept. 19, 2020 District Court online filing fees $216.00 Docketing Fees/Filing Fees Sept. 22, 2020 District Court online filing fees $24.00 Docketing Fees/Filing Fees Oct. 2, 2022 District Court online filing fees $24.00 Docketing Fees/Filing Fees Oct. 30, 2022 District Court online filing fees $24.00 Attachment to Order - 2020CV30580 -4- Table 2: Cost Itemization (District Court) Type of Cost Description Amount Docketing Fees/Filing Fees Dec. 12, 2020 District Court online filing fees 258.00 Docketing Fees/Filing Fees Feb. 5, 2021 District Court online filing fees 24.00 Docketing Fees/Filing Fees Feb. 24, 2021 District Court online filing fees (x2) 48.00 Docketing Fees/Filing Fees Feb. 25, 2021 District Court online filing fees 24.00 Docketing Fees/Filing Fees Mar. 2, 2021 District Court online filing fees 24.00 Docketing Fees/Filing Fees Mar. 24, 2021 District Court online filing fees 24.00 Docketing Fees/Filing Fees Mar. 29, 2021 District Court online filing fees 24.00 TOTAL COSTS: $714.00 WHEREFORE, Defendant StreetMediaGroup, LLC, respectfully requests that this Court enter an Order awarding StreetMediaGroup, LLC its costs related to the Appeal and litigation in Larimer County District Court in the amount of $934.00 (representing combined costs of $220.00 and $714.00) against Plaintiff, City of Fort Collins, Colorado, and grant any further relief the Court deems just and proper. Attachment to Order - 2020CV30580 -5- VERIFICATION I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the 19th day of January, 2023, at the City and County of Denver by Todd G. Messenger. Todd G. Messenger, #38783 Attachment to Order - 2020CV30580 -6- Respectfully submitted this 19th day of January 2023. FAIRFIELD AND WOODS, P.C. /s/ Todd G. Messenger Todd G. Messenger, #38783 Amanda C. Jokerst, #47541 Attorneys for Defendant StreetMediaGroup, LLC CERTIFICATE OF SERVICE I hereby certify that on this 19th day of January 2023 I filed the foregoing with the Clerk of the Court using Colorado Courts E-Filing. I further certify that a copy of the foregoing was sent via Colorado Courts E-Filing to the following: Andrew D. Ringel, Esq. Hall & Evans, LLC 1001 Seventeenth St., Suite 300 Denver, CO 80202 Email: ringela@hallevans.com John R. Duval, Esq. Deputy City Attorney Claire Havelda, Esq. Assistant City Attorney 300 Laporte Ave. P.O. Box 500 Fort Collins, CO 80522 Email: jduval@fcgov.com chavelda@fcgov.com Jeannine S. Haag, Esq. Frank N. Haug, Esq. Larimer County Attorney’s Office P.O. Box 1606 Fort Collins, CO 80522 Email: fhaug@larimer.org; jeanninehaag@larimer.org /s/ Sharon Y. Meyer Sharon Y. Meyer Attachment to Order - 2020CV30580