Free Status Report - District Court of Colorado - Colorado

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

Document 107

Filed 10/21/2005

Page 1 of 2

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. ______________________________________________________________________________ JOINT STATUS REPORT ______________________________________________________________________________ Defendant Metallics West, Inc., by and through its attorneys, Cross & Bennett, L.L.C., and Beverly J. Kelly, by and through her attorney, Douglas R. Ware, L.L.C., hereby inform this court of the following: 1. The Tenth Circuit Court of Appeals issued its decision affirming the judgment on June 7, 2005. Defendant's petition for en banc review was denied on August 4, 2005. Defendant moved for a stay of the Tenth Circuit's mandate in order to file a petition of certiorari with the United States Supreme Court on August 10, 2005. The Tenth Circuit denied the defendant's Motion for Stay of Mandate on October 17, 2005. 2. Plaintiff filed a petition for attorneys fees and costs in the Tenth Circuit Court of Appeals on June 23, 2005. This petition has not been ruled upon. 3. Plaintiff and defendant have now agreed to a final resolution of the matter, including an agreement on the amount to be paid on the plaintiff's petition for attorney's fees and costs on the

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

Document 107

Filed 10/21/2005

Page 2 of 2

appeal. Defendant has agreed not to file a petition for writ of certiorari and to make payment to plaintiff, to include all attorney's fees, costs and interest on the amended judgment issued by this court on March 16, 2004 , and an additional amount in final resolution of the attorney's fees and costs expended on appeal. 4. Plaintiff and defendant have set a date of October 31, 2005 for payment of funds in satisfaction of the amended judgment and the amount agreed upon in settlement of the subsequent petition for attorney's fees and costs. In accordance with this agreement, defendant will not be making any additional request for stay of this court's previously issued mandate. Plaintiff, in accordance with this agreement, will file a Satisfaction of Judgment with the district court clerk promptly after receipt of the funds agreed upon between plaintiff and defendant. Plaintiff will be withdrawing her petition for fees and costs. Respectfully submitted this 21st day of October, 2005. CROSS & BENNETT, L.L.C.

s/Keith Cross Keith Cross 108 E. St. Vrain Street, Suite 20 Colorado Springs, CO 80903 Phone: (719) 633-1359 Fax: (719) 633-5788

s/Doug Ware Doug Ware 679 E. Second Ave., Suite 9 Durango, CO 81301 Phone: (970) 375-7803