AAA National Maintenance et al v. Denver, City and County of et al

Filing 156

MINUTE ORDER. The Motion Requesting Rescusal [sic] of Magitrate [sic] Judge Michael Hegarty From Case - AAA National Maintenance v. City and County of Denver, et al Pursuant To Federal Laws in Pending Motion Requesting Re-Opening of Settlement Agreement 153 filed 10/7/2011, is DENIED for lack of jurisdiction. By Magistrate Judge Michael E. Hegarty on 10/11/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 09-cv-00007-REB-MEH
AAA NATIONAL MAINTENANCE, a Georgia corporation, and
DANA MAYFIELD,
Plaintiffs,
v.
CITY AND COUNTY OF DENVER, a municipal corporation, and
DENVER DEPARTMENT OF AVIATION, a Department of the City and County of
Denver,
Defendants.
MINUTE ORDER1

The matter is before the court on the Motion Requesting Rescusal [sic] of
Magitrate [sic] Judge Michael Hegarty From Case - AAA National Maintenance V.
City and County of Denver, et al Pursuant To Federal Laws in Pending Motion
Requesting Re-Opening of Settlement Agreement [#153],2 filed October 7, 2011. This
matter was dismissed by Order of Dismissal [#148] filed February 1, 2010. Thus, the
court is without jurisdiction in this matter. See Cattlco, LLC v. United AG Export Corp.,
2009 WL 973562 at *3 (D. Colo. April 10, 2009) (citing Kokkonen v. Guardian Life Ins.
Co., 511 U.S. 375, 377-82, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994)) (noting that, in “the
absence in the motion to dismiss and order of dismissal of either a statement that
jurisdiction is retained to enforce the settlement or a statement in the dismissal order
embodying the terms of the settlement[,] . . . . there is no procedural mechanism to reopen
a case dismissed with prejudice to enforce the settlement. Instead, an independent action
must be commenced asserting a breach of the settlement contract, and an independent
basis for jurisdiction in the enforcement action must be established.”).

THEREFORE, IT IS ORDERED that the Motion Requesting Rescusal [sic] of
Magitrate [sic] Judge Michael Hegarty From Case - AAA National Maintenance V.
1

This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.
2

“[#153]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

City and County of Denver, et al Pursuant To Federal Laws in Pending Motion
Requesting Re-Opening of Settlement Agreement [#153] filed October 7, 2011, is
DENIED for lack of jurisdiction.
Dated: October 11, 2011

2