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5 20 11 ORDER Heumann vs. Barnett .pdf


Original filename: 5-20-11 ORDER Heumann vs. Barnett.pdf
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DISTRICT COURT, COUNTY OF BOULDER, STATE OF COLORADO
CASE NUMBER 09 CV 1142
DIVISION 3

JUDY HEUMANN and NORMAN HEUMANN
Plaintiffs

EFILED Document
CO Boulder County District Court 20th JD
Filing Date: May 23 2011 3:02PM MDT
Filing ID: 37746985
Review Clerk: N/A

vs.
HARVEY BARNETT, individually, and INFANT SWIMMING RESOURCE, LLC, a Florida
limited liability company
Defendants

ORDER RE: PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES

This Court granted Plaintiffs’ motion for attorneys’ fees in a ruling from the bench this
date. The Court reserved ruling, however, on two issues: whether defendant, Dr. Barnett’s,
motion to dismiss lacked substantial justification and whether Plaintiffs are entitled to fees
incurred for the attorney fee litigation.
The Court has now reviewed the sworn affidavit of Dr. Barnett attached to, and forming
the factual basis for, his motion to dismiss this case for lack of personal jurisdiction. After
hearing the evidence in the trial to the Court, the Court can see that the affidavit sets forth the
same facts that the Court found to be not true at trial. It also omits information that would be
relevant to the issue of personal jurisdiction such as Dr. Barnett’s promotional trips to Colorado
and his Colorado media appearances on behalf of his programs.
Defendants were entitled to challenge the jurisdiction of this Court to hear the dispute at
issue between Plaintiffs and themselves but not in a substantially groundless (not supported by
any credible evidence) or substantially vexatious (stubbornly litigious and disrespectful of truth)
way. The Court therefore includes the fees incurred in addressing the motion to dismiss in the
award of attorney fees.
Defendants are entitled to challenge the request for attorney fees made pursuant to C.R.S.
13-17-101. The Court is not persuaded that doing so lacks substantial justification or is
groundless or frivolous and the Court therefore DENIES Plaintiffs’ supplement to its original
motion.
Counsel for Plaintiffs is requested to submit a form of judgment.

So ordered

This 20 May 2011
Lael Montgomery
District Court Judge


5-20-11 ORDER Heumann vs. Barnett.pdf - page 1/2
5-20-11 ORDER Heumann vs. Barnett.pdf - page 2/2

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