Opinion
No. CIV 03-1823-PHX-RCB.
January 9, 2008
ORDER
On January 17, 2006, the law firm of Rosenfelt Buffington, P.A. filed a Notice of Attorney Lien (doc. 97). Later that year, at a July 21, 2006, conference, a settlement was reached (doc. 110). Thereafter, at a January 22, 2007, status conference, the court dismissed this action as against the defendant, the United States of America (docs. 120 and 122 at 18). The court did, however, retain jurisdiction "for the purpose of determining whether to consider proceedings to resolve the question of the attorney's lien perfected by and sought to be enforced by the New Mexico law firm of Rosenfelt [] Buffington." Doc. 122 at 18.
Some months later, on July 19, 2007, the Rosenfelt law firm filed a "Motion for Order Granting Attorney's Lien with Respect to Costs" (doc. 128). A timely response (doc. 131) and reply (doc. 132) were also filed. On December 13, 2007, however, the Rosenfelt law firm filed a "Withdrawal of Notice of Attorney Lien, Motion for Order Granting Attorney's Lien with Respect to Costs and Memorandum in Support" (doc. 133). In light of this withdrawal,
IT IS ORDERED that the motion for an attorney's lien with respect to costs (doc. 128) is DENIED without prejudice as moot, and the Clerk is directed to terminate this action.