Securities and Exchange Commission v. Merendon Mining (Nevada) Inc. et al, No. 2:2010cv00955 - Document 138 (W.D. Wash. 2014)

Court Description: ORDER by Judge Richard A Jones. The court DENIES Plaintiff's motion for a final judgment in this closed case. Dkt. # 137 . (CL)

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Securities and Exchange Commission v. Merendon Mining (Nevada) Inc. et al Doc. 138 HONORABLE RICHARD A. JONES 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 SECURITIES AND EXCHANGE COMMISSION, 11 12 13 14 Plaintiff, v. ORDER MERENDON MINING (NEVADA) INC., et al., Defendants. 15 16 CASE NO. C10-955RAJ The court DENIES Plaintiff’s motion for a final judgment in this closed case. Dkt. 17 # 137. Plaintiff filed that motion more than 16 months after the court entered judgment 18 against the last of many Defendants and closed this case. See Oct. 30, 2012 ord. (Dkt. 19 # 123) (resolving motion for final relief against Larry Adair), Oct. 30, 2012 judgment & 20 permanent injunction (Dkt. # 124). In the months preceding that last judgment, the court 21 entered judgments against all other Defendants, although it did not certify those 22 judgments as final in accordance with Fed. R. Civ. P. 54(b). 23 Now, 16 months after this case ended, Plaintiff wants the court to enter new 24 judgments against every Defendant except Mr. Adair. The court declines to do so for two 25 independent reasons. First, Plaintiff offers no explanation for its 16-month delay in 26 seeking final judgments. Second, the judgments against every defendant became final 27 28 ORDER – 1 Dockets.Justia.com 1 when the court entered judgment against Mr. Adair and closed this case. See, e.g., Smith 2 v. Half Hollow Hills Cent. Sch. Dist., 298 F.3d 168, 171-172 (2d Cir. 2002) (holding that 3 dismissal of last cause of action and closing of case rendered previous orders dismissing 4 other causes of action final). Every judgment (or other order imposing final relief against 5 a Defendant) that the court entered in this case became final when the court closed the 6 case on October 30, 2012. 7 DATED this 21st day of April, 2014. 8 A 9 10 The Honorable Richard A. Jones United States District Court Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER – 2

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