Free Order on Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02420-RPM

Document 84

Filed 05/11/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 03-cv-02420-RPM SHARI McCARLEY, REX ALLEN McCARLEY and JUDY ARBGAST for and on behalf of JESSICA McCARLEY, a minor, individually and as heirs of REX McCARLEY, deceased, Plaintiffs, v. AEC OIL & GAS (USA), INC., d/b/a BALLARD PETROLEUM HOLDINGS, LLC, KEY ENERGY SERVICES, INC., and WEATHERFORD HOLDING U.S., INC., d/b/a WEATHERFORD U. S. LIMITED PARTNERSHIP, Defendants.

ORDER DENYING REQUEST TO RETAIN JURISDICTION

On May 10, 2006, the parties filed a Stipulation for Dismissal with Prejudice and the Court has entered that order of dismissal with prejudice. The plaintiffs also filed a request that this Court Retain Jurisdiction to Resolve Workers Compensation Lien, citing Colorado Compensation Ins. Authority v. Jorgensen, 992 P.2d 1156 (Colo. 2000). That case is not applicable. There has been no lien filed by a provider of worker' s compensation benefits and there has been no intervention by a provider as was the case in Jorgensen. Here, the plaintiffs are asking this Court to assume jurisdiction over an unknown entity for an unidentified dispute and the Court declines to do so. It is therefore

Case 1:03-cv-02420-RPM

Document 84

Filed 05/11/2006

Page 2 of 2

ORDERED that the request to retain jurisdiction to resolve worker' s compensation lien is denied. Dated: May 11th, 2006 BY THE COURT:

s/Richard P. Matsch ___________________________________ Richard P. Matsch, Senior District Judge

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