Are theater massacre survivors on the hook for court costs in failed federal suit? No ruling yet
Updated: Settlement negotiations in a federal lawsuit filed by victims’ relatives and survivors of the Colorado theater massacre broke down earlier this year despite fears that the plaintiffs would be on the hook for court costs.
But so far no motion for payment has been filed by the defendant theater chain that succeeded in getting the federal lawsuit tossed. And the theater chain has agreed to drop its bid to obtain $700,000 from plaintiffs in a failed state court lawsuit if they agree to drop their appeals, the Denver Post reports. All but four of the state plaintiffs agreed to the deal.
The Los Angeles Times has a story on the settlement negotiations in the federal lawsuit that appears to indicate those plaintiffs were ordered to pay more than $700,000 in court costs incurred by the defendant, Cinemark, which owns the theater complex. But federal court records on Pacer indicate that Cinemark has not requested payment of any specified amount by the plaintiffs, and U.S. District Judge R. Brooke Jackson has not entered an order for payment of any specific amount.
Jackson had urged the plaintiffs on June 23 to settle their federal suit against Cinemark, according to the Los Angeles Times. Jurors had already ruled against plaintiffs in the separate state suit, and Jackson was about to issue an order finding Cinemark was not liable.
The parties in the federal suit negotiated for eight hours until Cinemark attorneys offered a $150,000 settlement to be split among 41 plaintiffs, the Times says in the story, which is based on interviews with plaintiff Marcus Weaver and four anonymous parties who were at the settlement conference. The settlement would also have included an acknowledgment that Cinemark would make changes to provide more protection for its customers, the story says.
The plaintiffs knew if they declined the settlement they could be responsible for Cinemark’s court fees. The plaintiffs appeared ready to accept the deal—until one plaintiff said no, according to the Los Angeles Times. Ultimately 38 plaintiffs withdrew from the case and four others remained.
U.S. District Judge R. Brooke Jackson tossed the suit the day after the settlement talks failed. In a June 24 decision, he said Cinemark’s actions or inactions were not a substantial factor in causing the tragedy, and were not the proximate cause as a matter of law. The four remaining plaintiffs have appealed Jackson’s decision, the Denver Post reported on Aug. 2.
James Holmes was convicted for the July 2012 attack and sentenced to life in prison last year.
Updated on Sept. 2 to include news coverage from the Denver Post about the state court settlement.
