Eke v. CaridianBCT, Inc

Filing 43

ORDER Denying Defendants 36 Motion for Attorney Fees, by Judge Richard P. Matsch on 9/4/2012.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 10-cv-02019-RPM
DEBORAH EKE,
Plaintiff,
v.
CARIDIANBCT, INC.,
Defendant.

ORDER DENYING DEFENDANT’S MOTION FOR ATTORNEY’S FEES

On November 2, 2011, the defendant filed a Motion for Attorney’s Fees [36], pursuant to Title
VII of the Civil Rights Act of 1964 and the Age Discrimination and Employment Act, based on this
Court’s award of summary judgment dismissing the plaintiff’s claims. By Order of November 3, 2011
[37] this Court deferred ruling on that motion pending the appeal. The appeal was determined by an
Order and Judgment of the Tenth Circuit Court of Appeals, entered July 31, 2012. The Mandate from the
Court of Appeals was received on August 22, 2012. The motion is now ripe for ruling. After considering
the lengthy discussion of the evidence in this case in the Order and Judgment the necessary legal
conclusion is that the plaintiff’s claims were neither frivolous, unreasonable, nor made without foundation
or litigated in bad faith or for oppressive reasons. It is therefore
ORDERED that the defendant’s motion for attorney’s fees is denied.
Dated: September 4th , 2012
BY THE COURT:
s/ Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge