Free Response to Motion - District Court of Colorado - Colorado

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

Document 107

Filed 10/12/2005

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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 IN OPPOSITION TO DISMISSAL OF CASE ______________________________________________________________________________ Pursuant to §12-5-119, C.R.S., the undersigned hereby files this opposition to the parties' request that the Court dismiss this matter with prejudice (Document #106), 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). The undersigned provided 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. The undersigned provided 224 hours of legal services, totaling $44,800, and incurred costs in the amount of at least $3,398.48. Id. Mr. Aragon paid a portion of these bills, but did not pay the remaining $36,519.98. Id. For reasons indicated in the applicable filings, the undersigned was forced to request permission to withdraw as representative of Mr. Aragon, which request was

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

Document 107

Filed 10/12/2005

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granted by this Court. 2. On August 31, 2005, the undersigned filed a motion to enforce her attorney's lien.

See Document # 92 (Motion to Enforce Attorney's Lien). 3. The Magistrate Judge issued an order, dated September 29, 2005, setting a hearing

on the undersigned's Motion to Enforce Lien for December 2, 2005. See Document # 105. 4. The Defendant, Life Quotes, Inc., and the Plaintiff, Matthew Aragon, subsequently

completed a settlement agreement, and, have asked the Court to dismiss this matter with prejudice. See Document # 106 (Stipulated Motion to Dismiss). 5. Because the matter of the undersigned's attorney's lien is still pending before the

Court, the undersigned requests that the Court decline to dismiss the case until that matter is resolved by the Court. WHEREFORE, the undersigned requests that the Court decline to dismiss the case until the matter of the undersigned attorney's lien is resolved by the Court. DATED this 12th day of October, 2005.

Respectfully submitted,

s/Patricia S. Bangert Patricia S. Bangert, Esq. Special Counsel Lohf, Shaiman, Jacobs, Hyman & Feiger, P.C. 950 S. Cherry Street, Suite 900 Denver, CO 80246 Phone: (303) 753-9000 Fax: (303) 753-9997 Former Attorney for Plaintiff Matthew Aragon 2

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

Document 107

Filed 10/12/2005

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CERTIFICATE OF SERVICE I hereby certify that on October 12, 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, Esq.

s/Patricia S. Bangert
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