Fitzsimmons v. Stewart et al, No. 2:2018cv00069 - Document 75 (D.N.M. 2020)

Court Description: FINAL JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT THOMAS STEWART by District Judge Kenneth J. Gonzales. (tah)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ANDREA FITZSIMMONS, Plaintiff, vs. Civ. No. 2:18-CV-00069 KG/GJF THOMAS STEWART, and STEWART INDUSTRIES INTERNATIONAL ROSWELL, LLC, Defendants. FINAL JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT THOMAS STEWART THE COURT, having entered an order granting Plaintiff’s motion for partial summary judgment against Defendant Thomas Stewart, (Doc. 73), and finding that Plaintiff has voluntarily moved to dismiss her remaining claim and damages for retaliation against Defendant Thomas Stewart under Fed. R. Civ. P. 41(a)(2), enters Final Judgment against Defendant Thomas Stewart in compliance with Fed. R. Civ. P. 58. Wherefore; IT IS ORDERED, ADJUDGED AND DECREED that Judgment is entered in favor of Plaintiff Andrea Fitzsimmons and against Defendant Thomas Stewart. IT IS FURTHER ORDERED that damages are awarded in favor of Plaintiff Andrea Fitzsimmons, and against Defendant Thomas Stewart, in the sum of $118,748.01. IT IS FURTHER ORDERED that Plaintiff’s voluntary request that the Court dismiss the remaining claim (Count II) and damages against Defendant Thomas Stewart (Doc. 73) be, and herby is, granted. 1 IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 54(b) the Court finds there is no just reason for delay in entering final judgment against Defendant Thomas Stewart. All claims between Plaintiff and Defendant Thomas Stewart have been resolved by the Court’s order granting Plaintiff’s motion for partial summary judgment and granting Plaintiff’s motion to voluntarily dismiss Count II. The remaining claims in this litigation concern the corporate Defendant, Stewart Industries International LLC., that are subject to the Court’s stay order entered September 19, 2018. (Doc. 27). _____________________________________ UNITED STATES DISTRICT JUDGE 2

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