Littlejohn v. Timberquest Park at Magic, LLC et al, No. 5:2014cv00200 - Document 114 (D. Vt. 2016)
Court Description: OPINION AND ORDER granting 109 Motion to to Correct 106 Opinion and Order. Signed by Judge Geoffrey W. Crawford on 3/9/2016. (esb)
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Littlejohn v. Timberquest Park at Magic, LLC et al Doc. 114 U.S. DISTRICT COURT DISTRICT OF VERMONT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT JOSEPH P. LITTLEJOHN, TIMBERQUEST PARK AT MAGIC, LLC, and CORPORATE CHALLENGE, INC., d/b/a ADVENTURE MAs, Defendants. CLERK l5'fftTfY Cl ERK ) ~ 201& MAR -9 PH~: 13 BY ~p.""",!,,,.~'~ ) ) ) ) Plaintiff, FILED Case No. 5:14-cv-200 ) ) ) ) ) ) OPINION AND ORDER (Doc. 109) Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, Defendant TimberQuest Park at Magic, LLC ("TimberQuest") moves the court to correct a clerical mistake contained in the court's February 9,2016 Opinion and Order. In that order, the court determined that the recent decision of Katz v. Celleo P'ship, 794 F.3d 341 (2d Cir. 2015) required the court to amend an earlier order dismissing all of Plaintiff s claims against TimberQuest, as well as TimberQuest's indemnity claim against co-defendant Corporate Challenge, Inc. (See Doc. 106 at 8-9; see also Doc. 67 at 14.) Pursuant to Katz, the court's February 9,2016 order reinstated and stayed "all claims against TimberQuest pending the outcome of arbitration," (doc. 106 at 9), but did not explicitly state that TimberQuest's cross-claim for indemnity was also reinstated. This was an oversight. Accordingly, TimberQuest's Motion to Correct Order of February 9, 2016 Pursuant to Rule 60(a) (Doc. 109) is GRANTED and TimberQuest's indemnity claim is reinstated and stayed pending the outcome of arbitration. Dated at Rutland, in the District of Vermont, this 9th day of March, 2016. Geoffrey W. Crawford, Judge United States District Court Dockets.Justia.com
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