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Press Release (Updated): City of Fort Collins Awarded $19.9 Million judgment in Software Company Lawsuit

Released on Friday, March 22, 2024

Contact Information

  • Amanda King, Communications and Public Involvement Director, 970-221-6207, aking@fcgov.com, Website: www.fcgov.com

UPDATED PRESS RELEASE - April 2, 2024

Denver, CO (April 2, 2024) – On Thursday, March 28, the U.S. District Court of Colorado updated the total amount awarded in the civil fraud case of City of Fort Collins v. Open Investments, LLC. to a total of $19.9M. This represents an increase from the original amount of $13.5 million in damages which was announced by Court Order on March 21, 2024.

The March 21 Court Order granted the City’s request for prejudgment interest (PJI) on its awards of project costs, third-party consulting costs, and labor costs. The amended total award in the March 28 Order reflects the Court’s review and adoption of the full amount of the City’s proposed PJI calculations.

In November, a Denver federal jury found that Open International, LLC and Open Investments, LLC fraudulently induced the City to enter a contract for Open to provide the City with Open's customer information system product to provide broadband and utility billing and other services to the City of Fort Collins.

The City was represented by the City Attorney’s Office and by Case Collard, Andrea Ahn Wechter, and Maral J. Shoaei of Dorsey & Whitney LLP. The case was heard in the U.S. District Court for the District of Colorado.

ORIGINAL PRESS RELEASE - March 22, 2024

Denver, CO (March 22, 2024) – On Thursday, March 21, the U.S. District Court of Colorado awarded over $13 million in damages, plus prejudgment interest, to the City of Fort Collins in the City’s case against Open International, LLC and Open Investments, LLC.

In November, a Denver federal jury found that Open International, LLC and Open Investments, LLC fraudulently induced the City to enter a contract for Open to provide the City with Open's customer information system product to provide broadband and utility billing and other services to the City of Fort Collins.

“We’re pleased to receive this judgment on behalf of the residents of Fort Collins and the customers of the City Utilities and Fort Collins Connexion. We remain committed to providing our residents quality broadband and utility billing services,” said City Manager Kelly DiMartino. “Pursuing this resolution through a jury verdict and now a monetary award from the Court is a complete vindication of the City’s position that Open International and Open Investments had fraudulently misrepresented its product during the bidding process, causing significant harm to the City.”

The City was represented by the City Attorney’s Office and by Case Collard, Andrea Ahn Wechter, and Maral J. Shoaei of Dorsey & Whitney LLP. The case was heard in the U.S. District Court for the District of Colorado.

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