Free Notice (Other) - District Court of Colorado - Colorado

Case 1:01-cv-01463-RPM-MJW

Document 109

Filed 10/31/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-M-1463 BEVERLY J. KELLY, Plaintiff, v. METALLICS WEST INC., Defendant. WITHDRAWAL OF PLAINTIFF'S VERIFIED BILL OF COSTS AND PETITION FOR ATTORNEYS' FEES (OPPOSED) Plaintiff, Beverly Kelly, hereby withdraws her Verified Bill of Costs and Petition for Attorneys' Fees (Opposed) (The "Petition"), and, in support thereof, states as follows: 1. The Amended Judgment of this Court was affirmed by the Tenth Circuit Court of Appeals. 2. Plaintiff thereafter filed the Petition, seeking costs and fees incurred on appeal. 3. The Tenth Circuit Court of Appeals granted Plaintiff her costs, and remanded the matter of fees to this Court. 4. The parties have reached agreement regarding all issues in this matter, including fees incurred on appeal. 5. Plaintiff has filed a Satisfaction of Judgment. 6. The issues of fees incurred on appeal is moot. WHEREFORE, Plaintiff withdraws her Petition.

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Case 1:01-cv-01463-RPM-MJW

Document 109

Filed 10/31/2005

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RESPECTFULLY SUBMITTED this 29th day of October, 2005.

DOUGLAS R. WARE, LLC s/ Douglas R. Ware ___________________________ 1075 Main Avenue, Suite 212 Durango, CO 81301 Telephone: (970) 375-7803 FAX: (303) 484-2950 [email protected] R. NEAL MYNATT, LLC s/ R. Neal Mynatt ___________________________ 679 East Second Avenue, Suite 7 Durango, CO 81301 Telephone: (970) 247-1124 FAX: (970) 247-1126 [email protected] Attorneys for Plaintiff

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Case 1:01-cv-01463-RPM-MJW

Document 109

Filed 10/31/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 29th day of October, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Keith Cross Cross and Bennett, LLC 108 East St. Vrain Street, Suite 20 Colorado Springs, CO 80903 [email protected] s/ Douglas R. Ware Douglas R. Ware, LLC 1075 Main Avenue, Suite 212 Durango, CO 81301 Telephone: (970) 375-7803 FAX: (303) 484-2950 [email protected]

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