Cacioppo v. Town of Vail, Colorado et al, No. 1:2009cv02311 - Document 84 (D. Colo. 2012)
Court Description: ORDER FOR ENTRY OF FINAL JUDGMENT PURSUANT TO FED.R.CIV.P. 54(b), re 83 Motion for Order. Clerk shall now enter final judgment pursuant to Fed.R.Civ.P. 54(b) dismissing the Town of Vail, Colorado, and awarding costs to that defendant, by Judge Richard P. Matsch on 1/13/2011.(rpmcd )
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Cacioppo v. Town of Vail, Colorado et al Doc. 84 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 09-cv-02311-RPM MICHAEL CACIOPPO, Plaintiff, v. TOWN OF VAIL, COLORADO, and DARREN ANDERSON, Defendants. _____________________________________________________________________ ORDER FOR ENTRY OF FINAL JUDGMENT PURSUANT TO FED.R.CIV.P. 54(b) _____________________________________________________________________ On December 13, 2011, a judgment was entered dismissing the plaintiff’s complaint against defendant Town of Vail, Colorado, pursuant to this Court’s granting of that defendant’s motion for summary judgment. On January 12, 2012, the plaintiff filed a motion to direct entry of final judgment under Fed.R.Civ.P. 54(b), because the defendant Darren Anderson is in military service and on active duty making it uncertain when the claims against him may go to trial. The ruling dismissing the Town of Vail was not based on the question of whether Officer Darren Anderson violated the Constitutional protections of the plaintiff. Under these circumstances, the Court finds and concludes that there is no just reason for delay in the entry of final judgment dismissing the Town of Vail and it is therefore ORDERED that the Clerk shall now enter final judgment pursuant to Fed.R.Civ.P. 54(b) dismissing the Town of Vail, Colorado, and awarding costs to that defendant. Dated: January 13th, 2012 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge Dockets.Justia.com
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