Opinion
Civil Action No. 10-cv-02019-RPM
11-03-2011
DEBORAH EKE, Plaintiff, v. CARIDIANBCT, INC., Defendant.
Senior District Judge Richard P. Matsch
ORDER DEFERRING DEFENDANT'S MOTION FOR ATTORNEY'S FEES
The judgement entered for the defendant in this civil action is now on appeal pursuant to the notice of appeal filed October 19, 2011. On November 2, 2011, the defendant filed a motion for attorney's fees. Because the motion depends upon a finding that the plaintiff's claim was frivolous, unreasonable, or made without foundation, the Court will await the result of the review of this matter by the Tenth Circuit Court of Appeals before making the determinations necessary to rule on the defendant's motion. Accordingly it is
ORDERED that ruling on the defendant's motion for attorney's fees will be deferred until after conclusion of the appellate proceedings.
BY THE COURT:
Richard P. Matsch, Senior District Judge