Fraser v. Avaya Inc. et al

Filing 42

ORDER Denying 39 Motion for Interim Award of Attorneys' Fees, by Judge Richard P. Matsch on 10/5/2011.(rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch

Civil Action No. 10-cv-00800-RPM
ROBERT FRASER,
Plaintiff,
v.
AVAYA INC., a Delaware corporation, and
THE AVAYA INC. SICKNESS AND ACCIDENT DISABILITY PLAN,
Defendants.

ORDER DENYING MOTION FOR INTERIM AWARD OF ATTORNEYS’ FEES

On review of the pleadings filed relevant to the plaintiff’s Motion for Interim Award
of Attorneys’ Fees, filed August 16, 2011, and upon the conclusion that this Court’s
Order on Third claim - ERISA, entered March 15, 2011, was based on procedural errors
requiring a remand to permit the plaintiff to submit further support for his claim of
disability is only a limited adjudication of the merits of this civil action, the value of which
is not yet determinable, it is
ORDERED that the motion is denied.
Dated:

October 5th, 2011
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge