Northwest Parkway Public Highway Authority v. Bayerische Hypo-Und Vereinsbank AG

Filing 140

ORDER. HVBs Motion for Sanctions 98 , filed 01/12/2010, is DENIED. Plaintiffs Motion To Strike and Disregard Untimely Reply Brief and Declaration Filed By Defendant (Docs. 127 and 128) 129 , filed 03/01/2010is DENIED AS MOOT. By Judge Robert E. Blackburn on 08/20/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-01819-REB-MEH NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY, Plaintiff, v. BAYERISCHE HYPO-UND VEREINSBANK AG, New York Branch, Defendant. ORDER DENYING DEFENDANT'S MOTION FOR SANCTIONS Blackburn, J. The matter before me is HVB's Motion for Sanctions [#98],1 filed January 12, 2010. I deny the motion. Defendant has not demonstrated that any of the factors relevant to the award of attorney fees pursuant to 28 U.S.C. § 1927 or §13-17-102(4), C.R.S., pertain to the matters alleged in the motion, and I find no basis to exercise my inherent powers to imposed sanctions based on the actions of which defendant complains.2 THEREFORE, IT IS ORDERED as follows: 1. That HVB's Motion for Sanctions [#98], filed January 12, 2010, is DENIED; and

"[#98]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order. Moreover, defendant fails to substantiate any reasonable amount of attorney fees allegedly owed. Its offer to do so at some unspecified future date comes too late.
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2. That Plaintiff's Motion To Strike and Disregard "Untimely" Reply Brief and Declaration Filed By Defendant (Docs. 127 and 128) [#129], filed March 1, 2010, is DENIED AS MOOT. Dated August 20, 2010, at Denver, Colorado. BY THE COURT:

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