Opinion
Civil Action No. 10-cv-02019-RPM
09-04-2012
DEBORAH EKE, Plaintiff, v. CARIDIANBCT, INC., Defendant.
Senior District Judge Richard P. Matsch
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.
BY THE COURT:
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Richard P. Matsch, Senior District Judge