-CWH Peroulis v. Kozak et al, No. 2:2007cv00284 - Document 263 (D. Nev. 2011)
Court Description: ORDER Granting 251 Motion for Entry of Final Judgment. FURTHER ORDERED that Mr. Peroulis's remaining causes of actions are DISMISSED. Clerk shall enter final judgment in this matter pursuant to this Court's previous grant of partial summary judgment (doc. #231). Signed by Judge James C. Mahan on 12/23/11. (Copies have been distributed pursuant to the NEF - MMM)
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-CWH Peroulis v. Kozak et al Doc. 263 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 2:07-CV-284 JCM (CWH) TONY PEROULIS, Plaintiff, Date: Time: v. N/A N/A PAUL KOZAK a/k/a ZACHARY KRISTON a/k/a ZACHARY KING, an individual, et al., Defendants. 14 15 16 ORDER 17 Presently before the court is plaintiff Tony Peroulis’s motion to voluntarily dismiss his 18 remaining claims and have final judgment entered pursuant to this court’s grant of summary 19 judgment.. (Doc. #251). Defendant Zachary Kriston (aka Paul Kozak) has filed an opposition (doc. 20 # 261), and Peroulis has replied (doc. #262). 21 This court previously granted partial summary judgment in favor of plaintiff Tony Peroulis. 22 (Doc. #231). Mr. Peroulis now seeks to voluntarily dismiss his remaining claims pursuant to Federal 23 Rule of Civil Procedure 41(a). 24 Federal Rule of Civil Procedure 41(a)(2) provides: “An action may be dismissed at 25 the plaintiff’s request only by court order, on terms that the court considers proper.” This court finds 26 that Mr. Peroulis’s request to voluntarily dismiss his regaining claims is proper and not prejudicial 27 to Mr. Kozak. 28 James C. Mahan U.S. District Judge Dockets.Justia.com 1 Mr. Kozak’s primary argument against the entry of a final judgment, is that he believes this 2 court should stay all proceedings in this matter pending the resolution of Mr. Kozak’s writ of 3 mandamus. However, Mr. Kozak has not provided this court with any argument or authority 4 explaining why such a stay is mandated on these facts. Should the Ninth Circuit issue the writ, this 5 court can revisit the issue. 6 Accordingly, 7 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Mr. Peroulis’s motion for 8 9 10 11 12 13 entry of final judgment (doc. #251) be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED THAT Mr. Peroulis’s remaining causes of action be, and the same hereby are, DISMISSED. The clerk shall enter final judgment in this matter pursuant to this court’s previous grant of partial summary judgment (doc. #231). DATED this 23rd day of December, 2011. 14 15 ___________________________________ UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-
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