Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan
Filing
41
JUDGMENT by Clerk in favor of Colorado Coalition for the Homeless Long Term Disability Plan against Lucrecia Carpio Holmes re: 40 Order. By Clerk on 3/27/13. (kfinn, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-02986-REB-BNB
LUCRECIA CARPIO HOLMES,
Plaintiff,
v.
COLORADO COALITION FOR THE HOMELESS LONG TERM DISABILITY PLAN,
Defendant.
FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final
Judgment is entered.
A. Pursuant to the Order Setting Aside Default Judgment [#14] entered by
Judge Robert E. Blackburn on September 20, 2010, which order is incorporated by
reference,
IT IS ORDERED as follows:
1. That the defendant’s Motion to Set Aside Default Judgment and Brief in
Support [# 3], filed December 30, 2009, is GRANTED; and
2. That under FED. R. CIV. P. 60(b), the Judgment entered in this case by the
District Court, City and County of Denver, State of Colorado, Case Number 08 CV 3376,
on December 23, 2009, filed in this case as Exhibit A-10 to the defendant’s Notice of
Removal [#1], is SET ASIDE.
B. Pursuant to the Order [#40] entered by Judge Robert E. Blackburn on March
27, 2013, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the Defendant’s Brief on the Administrative Record [#16] filed
September 29, 2010, construed as a motion for summary judgment, is GRANTED;
2. That the ERISA claim asserted by the plaintiff in her complaint [#1-1] is
DISMISSED WITH PREJUDICE;
3. That JUDGMENT IS ENTERED in favor of the defendant, Colorado Coalition
for the Homeless Long Term Disability Plan, against the plaintiff, Lucrecia Carpio
Holmes;
4. That the defendant is AWARDED its costs to be taxed by the clerk of the court
in the time and manner prescribed by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR
54.1.; and
5. That this case is CLOSED.
DATED at Denver, Colorado, this 27th day of March, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk
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