Free Motion for Order - District Court of Colorado - Colorado

Case 1:04-cv-00210-RPM

Document 32

Filed 10/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-210-RPM-OES APPLIED CHEMICAL MAGNESIAS CORPORATION, Plaintiff, v. PACIFIC INDEMNITY COMPANY, a Wisconsin insurance company, and FEDERAL INSURANCE COMPANY, an Indiana corporation, Defendants. ______________________________________________________________________________ STIPULATED MOTION REGARDING COSTS AND APPEAL RIGHTS ______________________________________________________________________________ Plaintiff, APPLIED CHEMICAL MAGNESIAS CORPORATION, by and through its attorney, TIMOTHY L. GODDARD of HASLER, FONFARA AND MAXWELL, L.L.P., and Defendants, PACIFIC INDEMNITY COMPANY and FEDERAL INSURANCE COMPANY, by and through their attorneys, JAMES E. GOLDFARB and SONJA S. MCKENZIE of SENTER GOLDFARB & RICE, L.L.C., hereby stipulate to a waiver of costs in exchange for a waiver of appeal rights. IN SUPPORT of their stipulation, the parties states as follows: 1. On September 30, 2005, this Court entered an Order [#30] granting Defendants'

Motion for Summary Judgment and dismissing this case in its entirety with prejudice. A Judgment Order was entered by the Clerk of this Court on the same day indicating that a Bill of Costs could be filed within ten (10) days. [#31.]

Case 1:04-cv-00210-RPM

Document 32

Filed 10/11/2005

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2.

Subsequent to the Court's granting of the Motion for Summary Judgment and the

entry of the Judgment by the Clerk, the parties have reached an agreement that Defendants will waive any and all rights they have to recover costs in this matter pursuant to C.R.C.P. 54(d). In exchange, Plaintiff has agreed to waive any and all appeal rights, including those set forth in the Federal Rules of Appellate Procedure, including but not limited to, Federal Rule of Appellate Procedure 3. 3. Accordingly, the parties would ask that the Court approve the parties' Stipulation

of a waiver of costs in exchange for a waiver of appeal rights.

Respectfully submitted,

s/ Timothy L. Goddard Timothy L. Goddard HASLER, FONFARA & MAXWELL, L.L.P. 125 South Howes Street, 6th Floor Fort Collins, Colorado 80521 Telephone: 970-493-5070 Facsimile: 970-493-9703 Attorneys for Plaintiff

s/ James E. Goldfarb James E. Goldfarb Sonja S. McKenzie SENTER GOLDFARB & RICE, L.L.C. 400 S. Colorado Blvd., Ste. 700 P. O. Box 22833 Denver, CO 80222 Telephone: (303) 320-0509 Attorneys for Defendants

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