Free Order on Motion to Vacate - District Court of Colorado - Colorado

Case 1:02-cv-00289-RPM

Document 219

Filed 11/14/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 02-cv-00289-RPM ROCKIE LEE ZIMMERMAN, Plaintiff, v. JOHN L. CHADBOURNE, II, RUDY FANNIN, JOSH BENNER, MR. LAWRENCE, MR. DAZEY, MR. STECKLER, Defendants. ________________________________________________________________________ ORDER VACATING JUDGMENT AND DIRECTING ENTRY OF JUDGMENT FOR PLAINTIFF ________________________________________________________________________ On September 26, 2006, judgment was entered for the defendants dismissing this civil action and awarding the defendants' costs, pursuant to this Court' Order Granting s Summary Judgment of Dismissal, entered on the same day. On October 10, 2006, the plaintiff filed a motion to vacate that judgment and enter judgment for the plaintiff pursuant to Fed. R. Civ. P. 68, attaching an offer of judgment, from the defendants, dated September 20, 2006, and the plaintiff' acceptance of that offer, dated September 27, 2006. The s defendant in responding to the motion, accepts the law cited by the plaintiff that the offer and acceptance must be accepted by the Court, despite its ruling and complains only that the motion is untimely. The defendant is incorrect with respect to the timeliness of the motion and it is now

Case 1:02-cv-00289-RPM

Document 219

Filed 11/14/2006

Page 2 of 2

ORDERED that the Judgment and Order granting Summary Judgment of Dismissal, both entered September 26, 2006, are vacated and it is FURTHER ORDERED that the Clerk shall enter judgment for the plaintiff, Rockie Lee Zimmerman, and against the defendants, jointly and severally, in the amount of $2,500.00 with no costs. DATED: November 14th , 2006 BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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