Viesti Associates, Inc. v. Pearson Education, Inc.

Filing 236

MINUTE ORDER denying as moot 211 Motion for Attorney Fees by Judge Philip A. Brimmer on 8/6/2014.(agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01687-PAB-DW
VIESTI ASSOCIATES, INC.,
Plaintiff,
v.
PEARSON EDUCATION, INC.,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the Stipulation of Dismissal [Docket No. 233]
filed jointly by plaintiff Viesti Associates, Inc. and defendant Pearson Education, Inc.
The stipulation states that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii),
the parties stipulate to the dismissal of this action with prejudice with each party to bear
its own costs and attorneys’ fees. With respect to dismissal of this action and the taxing
of costs, this case has already been dismissed pursuant to the Final Judgment [Docket
No. 203] entered on March 21, 2014. The parties have not moved to amend the Final
Judgment. Thus, the parties’ stipulation is of no effect on the issues of dismissal and
costs. However, pursuant to the stipulation, defendant’s motion for attorneys’ fees
[Docket No. 211] is now moot. It is therefore
ORDERED that Defendant’s Motion for Attorneys’ Fees, Expert Fees and
Expenses [Docket No. 211] is DENIED as moot.
DATED August 6, 2013.