Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:03-cv-02440-EWN-BNB

Document 92

Filed 08/31/2005

Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2440-EWN-BNB MATTHEW ARAGON, Plaintiff, v. LIFE QUOTES, INC. Defendant. ______________________________________________________________________________ MOTION TO ENFORCE ATTORNEY'S LIEN ______________________________________________________________________________ Pursuant to §12-5-119, C.R.S., the undersigned hereby requests that the Court enforce her attorney's lien, as noticed in Document # 83, and, as grounds therefore, states as follows: 1. On August 23, 2005, the undersigned filed notice of an attorney's lien, based upon

amounts owed her for legal services and costs related to the above-cited matter. See Document #83 (Notice of Attorney's Lien). 2. As noted in the Notice of Attorney's lien, Mr. Aragon entered into an agreement

with the undersigned on May 3, 2004, to represent him in on-going litigation. Id. Under that agreement, Mr. Aragon promised to pay the costs of litigation and fees for the services of the undersigned on an hourly basis, at a rate of $200 per hour. Id. 3. The undersigned did provide legal services to Mr. Aragon, including but not

limited to responding to defendant's written discovery, defending and taking depositions, and responding to a motion for summary judgment. Id. The brief prepared by the undersigned in response to defendant's motion for summary judgment was successful in defeating the motion with regard to the federal claims made in Mr. Aragon's complaint. Id.

Case 1:03-cv-02440-EWN-BNB

Document 92

Filed 08/31/2005

Page 2 of 4

4.

The undersigned provided 224 hours of legal services, totaling $44,800. Id. The

undersigned also incurred at least $3,398.48 in costs in providing these services. Id. 5. The undersigned billed Mr. Aragon for these services and costs, minus adjustments

for services provided at no cost. Id. Mr. Aragon paid a portion of these bills, but did not pay the remaining $36,519.98. Id. 6. For reasons indicated in the applicable filings, the undersigned was forced to

request permission to withdraw as representative of Mr. Aragon, which request was granted by this Court. 7. The undersigned understands that a settlement has been reached in this matter.

See Documents #84 and #87. The undersigned further understands that it was represented to the Court during settlement negotiations that she had filed an attorney's lien in this matter. Id. 8. Because the undersigned was solely responsible for the denial of Defendant's

Motion for Summary Judgment, which undoubtedly led to the settlement here, she is entitled to enforce her lien under §12-5-119, C.R.S. 9. The undersigned has offered to discuss the lien with counsel for Plaintiff, who has

declined to discuss that issue. As a result, the undersigned joins in Defendant's motion for a hearing on the settlement and her lien. 10. The undersigned contacted counsel for the parties regarding this motion. Counsel

for Defendant stated that Defendant did not oppose this motion. Counsel for Plaintiff stated that Plaintiff opposed this motion.

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Case 1:03-cv-02440-EWN-BNB

Document 92

Filed 08/31/2005

Page 3 of 4

WHEREFORE, the undersigned moves the Court for an order enforcing the attorney's lien in this case in the amount of $36,519.98, and declining to dismiss the case until the lien is satisfied. DATED this 31st day of August, 2005.

Respectfully submitted,

s/Patricia S. Bangert Patricia S. Bangert, Esq. Bangert & Associates, LLC 3773 Cherry Creek Drive North, Suite 575 Denver, Colorado 80209 Former Attorney for Plaintiff Matthew Aragon

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Case 1:03-cv-02440-EWN-BNB

Document 92

Filed 08/31/2005

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on August 31, 2005, a true and correct copy of the foregoing was electronically filed with the Clerk of the Court using the CM/ECF system which sent notification of such filing to the following: Kristen L. Mix, Esq. and Stuart David Mann and deposited in the U.S. mail, first-class postage prepaid, without attachments, addressed to the following:

Matthew Aragon 4198 S. Timbervale Drive Evergreen, CO 80439

s/Patricia S. Bangert
_______________________________