Paul Olds v. 3M Company, No. 2:2012cv08539 - Document 460 (C.D. Cal. 2014)

Court Description: JUDGMENT RE: DEFENDANT CUMMINS,INC.S MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION by Judge Manuel L. Real, Related to: Order 458 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant Cummins, Inc. shall have judgment against Pl aintiff Paul Olds (Plaintiff);IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgment entered against the Plaintiff herein and any other judgments entered heretoforeor hereafter in this action against any other Plaintiff are several as to each such defendant unless otherwise expressly stated in the judgment to be joint andseveral as to the particular defendants; and IT IS FURTHER ORDERED that there is no just reason for delay in entryof this final judgment against Defendant herein and the Court expressly directsthat the Clerk of the Court enter this separate judgment against said Plaintiffherein pursuant to FRCP rule 54 notwithstanding whether this action remainspending against other Defendants. (pj)

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Paul Olds v. 3M Company 1 Doc. 460 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 PAUL OLDS, 11 12 13 14 15 16 Plaintiff, v. 3M COMPANY a/k/a MINNESOTA MINING & MANUFACTURING COMPANY, et al., Defendants. Case No. CV12 08539 R(MRWx) Assigned to: Judge Manuel L. Real Referred to: Magistrate Judge Michael R. Wilner JUDGMENT RE: DEFENDANT CUMMINS, INC.’S MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION Complaint Filed: October 4, 2012 Trial Date: March 11, 2014 17 18 Defendant Cummins, Inc.’s Motion for Summary Judgment against 19 Plaintiff Paul Olds (“Motion”) came on regularly for hearing on January 27, 2014 at 20 10:00 a.m. before the Honorable Manuel L. Real, United States District Judge 21 presiding in Courtroom 8 of the above referenced Court. Appearances were noted 22 on the record. The Court, having read and considered all papers filed in support of 23 the Motion, including all admissible evidence filed in support thereof, having read 24 and considered all papers filed in opposition to the Motion, including all 25 admissible evidence filed in opposition thereto, and having heard and 26 considered the arguments of counsel, the Court determined that no genuine issue 27 of material fact exists and that Defendant Cummins, Inc.’s Motion for Summary 28 1 Dockets.Justia.com 1 Judgment should be granted. Finding that good cause exists for entry of a separate judgment under rule 2 3 54 of the Federal Rules of Civil Procedure based on the foregoing, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant 4 5 Cummins, Inc. shall have judgment against Plaintiff Paul Olds (“Plaintiff”); IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgment 6 7 entered against the Plaintiff herein and any other judgments entered heretofore 8 or hereafter in this action against any other Plaintiff are several as to each such 9 defendant unless otherwise expressly stated in the judgment to be joint and 10 several as to the particular defendants; and IT IS FURTHER ORDERED that there is no just reason for delay in entry 11 12 of this final judgment against Defendant herein and the Court expressly directs 13 that the Clerk of the Court enter this separate judgment against said Plaintiff 14 herein pursuant to FRCP rule 54 notwithstanding whether this action remains 15 pending against other Defendants. 16 17 Dated: March 7, 2014 _________________________________ 18 The Honorable Judge Manuel L. Real 19 Judge of the United States District Court 20 21 22 23 24 25 26 27 28 2 CERTIFICATE OF SERVICE 1 The undersigned, counsel for CUMMINS, INC., hereby certifies that a true 2 3 and correct copy of the foregoing [PROPOSED] JUDGMENT RE: DEFENDANT 4 CUMMINS, INC.’s MOTION FOR SUMMARY JUDGMENT; CERTIFICATE OF SERVICE 5 was filed with the Court and served electronically through the CM ECF (Electronic 6 Case Filing) system to all counsel of record and to those registered to receive a 7 Notice of Electronic Filing for this case on February 18, 2014. 8 9 10 11 12 /s/ Stuart E. Supowit___________ Stuart E. Supowit 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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