HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 078 - ORDER REGARDING PLAINTIFFS' BILL OF COSTS2639164.2
DISTRICT COURT, LARIMER COUNTY, COLORADO
Larimer County Justice Center
201 La Porte Avenue
Suite 100
Fort Collins, CO 80521
970-494-3500
▲ COURT USE ONLY ▲
Plaintiff:
CITY OF FORT COLLINS, a Colorado municipal
corporation; and POUDRE FIRE AUTHORITY, a Colorado
public entity,
v.
Defendant:
KEITH GILMARTIN, an individual.
Case No.: 16CV31096
Div.: Ctrm: 3C
ORDER REGARDING PLAINTIFFS’ BILL OF COSTS
THIS MATTER is before the Court on Plaintiff’s Bill of Costs filed with the Court on
October 27, 2017. Defendant Keith Gilmartin has not objected to the Plaintiff’s Bill of Costs or
otherwise responded. The Court has reviewed Plaintiffs’ Bill of Costs and after careful review
enters the following findings and order:
The law is well settled in Colorado that the standard for whether an expense is
recoverable is whether the expense was “reasonably necessary for the development of the case
in light of the facts known to counsel at the time the expense was incurred.” Cherry Creek
School Dist. v. Voelker, 859 P.2d 805, 813-14 (Colo. 1993). Allowable costs include court
filing fees, fees for transcripts necessarily obtained for use in the case, witness fees, expert
witness fees and copying and exhibit fees. C.R.S. §13-16-122, C.R.S. 2015. However, this list
is illustrative and not exclusive. Unless there is a specific prohibition, the trial court has
discretion over the issue. However, the court may only permit the recovery of “reasonable”
costs, rather than all costs which the successful litigant chose to incur. Jorgensen v. Heinz, 847
P.2d 181, 184 (Colo. App. 1992), cert, denied (Colo. 1993).
DATE FILED: November 20, 2017 5:52 PM
CASE NUMBER: 2016CV31096
2
2639164.2
Based upon the foregoing, the Court orders that Defendant Gilmartin shall be
responsible for payment of the following costs, reasonably incurred by Plaintiffs in this matter:
Item Amount
Docket Fees $252.00
Copy Expenses $251.90
Deposition Transcript (Gilmartin) $864.80
Travel Expenses (excluding meal costs) $1,152.54
Miscellaneous Expenses $5.00
(Excluding web hosting and docketing costs)
Total $2,526.24
Accordingly, the Court grants Plaintiffs’ bill of costs and orders Defendant Keith
Gilmartin to be responsible for payment of costs in the amount of $2,526.24.
SO ORDERED this 20th day of November, 2017.
BY THE COURT:
District Court Judge