Opinion
Case No. 07-cv-00935-JLK-MEH.
June 11, 2008
ORDER
Defendants' Motion for Entry of Judgment of Bill of Costs and Attorneys' Fees (Doc. #52), filed June 10, 2008, is DENIED. Defendants' claim to fees and costs pursuant to Colo. Rev. Stat. § 13-17-201 is meritless. The May 27, 2008 Order dismissing certain claims in this action was based on Plaintiff's voluntary dismissal of these claims pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, and not pursuant to a motion by Defendants or Rule 12(b) of the Colorado Rules of Civil Procedure. For this and other reasons, the Colorado fee shifting statute does not apply. Nor am I persuaded that fees and costs should be awarded to Defendants on the ground that the voluntarily dismissed claims were "frivolous, unreasonable or groundless."
IT IS SO ORDERED.