Martinez et al v. Red's Towing

Filing 75

ORDER by Magistrate Judge Kristen L. Mix on 5/7/15. Stipulated Motion to Dismiss With the Court Determining Reasonable Fees and Costs # 74 is GRANTED. Pursuant to Fed. R. Civ. P. 41(a)(2), this case is DISMISSED and the Clerk of Court is directed to CLOSE this matter. IT IS FURTHER ORDERED that Plaintiffs Leonard Martinez and Michael Wolfe shall file a motion regarding fees and costs on or before May 26, 2015. Plaintiffs shall comply with D.C.COLO.LCivR 54.3.(lgale, )(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00458-KLM
LEONARD MARTINEZ,
DOUG PATRICK,
SAMANTHA PATRICK,
DEVIN QUINTANA,
SCOTT ROSENBAUM,
STEVEN ROSENBAUM,
JOSEPH VIALPANDO,
MICHAEL WOLFE,
DENNIS GREGORY,
FRANCISCO MEDINA, and
SCOTTIE LEE WRAY,
Plaintiffs,
v.
RED’S TOWING,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Status Report [#73]1 and on the parties’
Stipulated Motion to Dismiss With the Court Determining Reasonable Fees and
Costs [#74] (the “Motion”).2 On November 26, 2014, Judgment [#42] entered in favor of
all Plaintiffs except Leonard Martinez and Michael Wolfe. The two remaining Plaintiffs,

1

“[#73]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). This convention is used throughout this Order.
2

The case has been referred to the undersigned for all purposes pursuant to the Court’s
Pilot Program and 28 U.S.C. § 636(c), on consent of the parties.

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along with Defendant, now jointly seek dismissal of this case. Motion [#74]. The parties
ask the Court to retain jurisdiction over the matter to the extent necessary to resolve
outstanding issues relating to attorney’s fees and costs. See Cooter & Gell v. Hartmarx
Corp., 496 U.S. 384, 395-96 (1990) (stating that “a federal court may consider collateral
issues after an action is no longer pending,” including “motions for costs or attorney’s
fees”).
IT IS HEREBY ORDERED that the Motion [#74] is GRANTED. Pursuant to Fed. R.
Civ. P. 41(a)(2), this case is DISMISSED and the Clerk of Court is directed to CLOSE this
matter.
IT IS FURTHER ORDERED that Plaintiffs Leonard Martinez and Michael Wolfe shall
file a motion regarding fees and costs on or before May 26, 2015. Plaintiffs shall comply
with D.C.COLO.LCivR 54.3.
On May 5, 2015, the Court ordered Plaintiffs to file a Status Report [#73] indicating
whether Plaintiffs Doug Patrick, Samantha Patrick, Devin Quintana, Scott Rosenbaum,
Steven Rosenbaum, Joseph Vialpando, Dennis Gregory, Francisco Medina, Jesse
Mendoza, and Scottie Lee Wray’s Motion for Attorney’s Fees [#63] is moot or whether it
needs to be adjudicated by the Court. Plaintiffs have indicated that the Motion for
Attorney’s Fees [#63] is not moot. Accordingly, the Court shall adjudicate the motion in due
course.
Dated: May 7, 2015

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