THE FINAL COURT ORDER
december 8, 2013: Case closed; court ordered fees paid by plaintiff! The plaintiff paid the ordered amount of $20,885.37 and we received it in very early December 2013. Our fees & expenses directly related to attorneys and court costs were right around $50,000. We understand this is quite rare to not have to go to collections for a court ordered award, and we are grateful for the case to be over with unexpected finality. The generosity of hundreds of people donating has helped us cover the difference between the court ordered award & the final costs of attorneys' & court fees. This support has planted a powerful message in us and words cannot convey the gratitude we feel.
We'll be hosting a dessert & coffee social at 7300 Holdrege St., Lincoln, NE on January 4, 2014 from 1 pm - 4 pm. We'll have desserts, coffee & cider. Bring a dessert to share if you would like to. We'd love to visit with folks that have been so gracious & supportive in every way!
november 9, 2013: No appeal! We have allowed adequate time after the appeal window was over (on October 30) to make sure we weren't speaking out of turn. Our attorney confirmed also that there has been no appeal filed & so, as they say, that is that. Collecting &/or receiving any of the attorneys' fees awarded by the court now comes as a separate process. Thank you again many times over to the expansive community of folks that have supported us with kind words, good thoughts, prayers & contributions along the way.
october 2, 2013: We received the final court order from Judge Merritt. In the order, the Court denies Rosberg's request for reconsideration of the summary judgment ruling, declares Rosberg's actions as frivolous and meant to harass the defendant (Evrett), and awards Evrett $20,885.37 in attorney's fees and costs to be paid by the plaintiff.
While we are very glad for no reconsideration of the case by the judge, as well as very glad for some monetary recompense...we were, of course, hoping for a larger portion of the requested expenses to be awarded, as we are probably nearing $50,000 in attorney's fees and expenses after the next billing.
Some expenses could not be reimbursed for as they fall outside of direct defense expenses but were related to the case, such as reviewing fundraising materials. There is obviously no consideration for the personal time invested on our end (350 hours plus and then we stopped counting). And of course there is a broader message this sends & holds in relation to the organic community - lawsuits, no matter how frivolous, are an effective way to harass, financially drain, intimidate and waste the time of inspectors and whistle blowers as one cannot expect to recover even half of the incurred costs and receive nothing for the time committed.
As this is the final order in the case, any appeal by the plaintiff would have to be made to a higher court in Nebraska within thirty days of this order.
We remain very grateful for all the contributions, support & prayers and ever more so in light of the final order. The contributions have been considerable in all, nearly half the total bill to date.
We will update again after the thirty day appeal window has passed.
You can find the judge's order at the bottom of the Court Documents page or by clicking here.
Thank you. And thank you again.