Free Order - District Court of Colorado - Colorado

Case 1:04-cv-00762-RPM

Document 60

Filed 09/26/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 04-cv-00762-RPM J. DAVID EVANS and BERNITA M. EVANS, Plaintiffs, v. ANN M. VENEMAN, Secretary, United States Department of Agriculture, Defendant.

ORDER FOR STATUS REPORT

A final judgment was entered in this matter on November 1, 2005. The plaintiffs filed a motion to alter or amend the Court' order and judgment to award attorney' fees and on s s November 23, 2005, this Court denied that motion. On December 1, 2005, the plaintiff filed an application for fees and expenses in this action under 28 U.S.C. § 2412(d). This Court deferred ruling on that motion until disposition of the appeal and on May 19, 2006, this Court granted a stay pending appeal. On June 23, 2006, the Tenth Circuit Court of Appeals ordered dismissal of the appeal. Upon the state of the record, it is not clear what further proceedings may be necessary in this court in that the dismissal apparently resulted from a stipulation. It is now ORDERED that the parties shall submit a status report to this court on or before October 6, 2006, identifying what, if any, further action is required in this court. Dated: September 26, 2006 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge