Morgan Stanley & Co., Inc. v. Hayward

Filing 16

ORDER Denying 14 Motion for Attorney Fees, by Judge Richard P. Matsch on 2/1/2013.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 12-cv-01861-RPM MORGAN STANLEY & CO., INC., Petitioner, v. BRYANT SEAN HAYWARD, Respondent. _____________________________________________________________________ ORDER DENYING MOTION FOR ATTORNEYS’ FEES _____________________________________________________________________ On January 11, 2013, judgment was entered in favor of the plaintiff based on an arbitration award. On January 25, 2013, the plaintiff filed a motion for attorneys’ fees, relying on a provision in the promissory notes. In this Court’s view, those notes were merged in the arbitration award and do not provide for a basis for attorneys’ fees for this civil action. Accordingly, it is ORDERED that the plaintiff’s motion for attorneys’ fees is denied. DATED: February 1st, 2013 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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