IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 05-cv-01138-LTB-PAC
AFFILIATED COMPUTER SERVICES, INC., a Delaware corporation,
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
O. Edward Schlatter, United States Magistrate Judge
This action was dismissed with prejudice on August 2, 2006 after the parties
reached a settlement of all claims and moved for voluntary dismissal. See Doc. Nos. 85,
86. The matters before the court at this time are: Plaintiff’s Motion for Sanctions [Doc.
#90; filed May 21, 2007]; Plaintiff’s Motion for Citation for Contempt of Court [Doc. #92;
filed May 21, 2007]; and, [Plaintiff’s Motion for] Contempt of Court/Violation of Settlement
Agreement and Motion for Sanctions [Doc. #93; filed May 22, 2007]. The motions have
been referred to the undersigned to issue a recommendation on disposition.
Mr. Trentlage, pro se, alleges that Affiliated Computer Services, Inc. (“ACS”)
breached the parties’ settlement agreement when ACS issued plaintiff an invalid check
from a closed account and did not replace it. Mr. Trentlage further states that his former
counsel, Mr. Howard Bernstein, instituted an action against Mr. Trentlage “concerning
terms of the [settlement] agreement” in Boulder County District Court, but did not move to
have documents and testimony pertaining to the settlement agreement filed under seal,
in violation of the terms of the settlement agreement.
Mr. Trentlage asks the court to hold ACS and Mr. Bernstein in contempt, and to
impose sanctions against them, for failing to uphold the settlement agreement. Mr.
Trentlage further seeks the imposition of sanctions against Mr. Bernstein for violating a
court order entered at a March 22, 2006 hearing on Defendant’s Motion to Enforce
Settlement Agreement (Doc. #61). Mr. Trentlage also urges the court to order Mr.
Bernstein to provide him with all discovery that counsel obtained from the parties during
the pendency of the case.
ACS responds that the court lacks j