Allen v. Boyd Gaming Corporation et al, No. 2:2007cv00128 - Document 79 (N.D. Miss. 2009)
Court Description: PARTIAL FINAL JUDGMENT in accordance with the Memorandum Opinion granting 69 Motion for Summary Judgment. Dismissing claims against Boyd Tunica, Inc.; dismissing claims against Does 1 - 10; claims against Kohler remain open pending proposed agreed order of dismissal. Signed by W. Allen Pepper on 4/27/2009. (pbs, USDC)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION KELSIE ALLEN, BY AND THROUGH HER MOTHER AS GUARDIAN AND NEXT FRIEND, DIANA ALLEN, VS. PLAINTIFF, CIVIL ACTION NO. 2:07CV128-P-A BOYD TUNICA, INC. D/B/A SAM S TOWN HOTEL & GAMBLING HALL, KOHLER CO., and DOES 1-10, DEFENDANTS. PARTIAL FINAL JUDGMENT In accordance with a Memorandum Opinion issued this day, IT IS ORDERED AND ADJUDGED that: (1) Defendant Boyd Tunica, Inc. s Motion for Summary Judgment [69] is GRANTED; therefore, (2) Pursuant to Fed. R. Civ. P. 54(b), the court concludes that since there is no just reason for delay, final judgment as to the plaintiff s claims against Boyd Tunica, Inc. is entered and those claims are DISMISSED WITH PREJUDICE; (3) Since the discovery period is over and the plaintiff has articulated no further claims against any additional named defendants, the plaintiff s claims against Does 1 through 10 are DISMISSED WITH PREJUDICE; (3) Because the court was informed that the plaintiff has settled her claims against Kohler Co. , but the court has received no documentation regarding same, this case will remain open until such time the parties submit a proposed final judgment as to the plaintiff s claims against Kohler Co. SO ORDERED this the 27th day of April, A.D., 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE
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