Reza v. Pearce et al, No. 2:2011cv01170 - Document 102 (D. Ariz. 2013)

Court Description: ORDER denying as moot Burton's 101 Motion for Entry of Final Judgment. Signed by Judge Frederick J Martone on 1/18/13.(REW)
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Reza v. Pearce et al 1 Doc. 102 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Salvador Reza, Plaintiff, 10 11 vs. 12 Russell Pearce, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-01170-PHX-FJM ORDER 15 16 The court has before it defendant Burton’s renewed motion for entry of judgment 17 (doc. 101). We dismissed defendant Burton from this case on October 21, 2011 (doc. 25). 18 On December 28, 2012, we granted summary judgment in favor of the only remaining 19 defendant (doc. 98), and the clerk entered final judgment on that same day (doc. 99). 20 Defendant Burton now asks, out of an abundance of caution, that we enter separate judgment 21 in his favor. 22 The entry of a final judgment in defendant Burton’s favor is unnecessary because the 23 filing of the final judgment on December 28, 2012 disposed of the entire case, leaving 24 nothing pending in this action. Once that judgment was entered, the earlier interlocutory 25 order dismissing defendant Burton became final. See American Ironworks & Erectors Inc. 26 v. North Am. Constr. Corp., 248 F.3d 892, 897-98 (9th Cir. 2001). There is no need to enter 27 a separate final judgment with respect to our interlocutory orders. Id. at 898. 28 Dockets.Justia.com 1 2 3 IT IS ORDERED DENYING as moot defendant Burton’s motion for entry of final judgment (doc. 101). DATED this 18th day of January, 2013. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-