Opinion
No. C-99-4565 MMC.
August 18, 2004
ORDER GRANTING TUTOR-SALIBA CORPORATION'S MOTION FOR ENTRY OF JUDGMENT (Docket No. 284)
Before the Court is defendant Tutor-Saliba Corporation's ("Tutor-Saliba") motion, filed August 17, 2004, for entry of judgment, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. The Court sees no need for further briefing or oral argument on the matter, and hereby VACATES the September 24, 2004 hearing on the motion.
On June 18, 2004, the Court granted in part and denied in part plaintiff Kenneth Kinnard's ("Kinnard") motion for leave to file a Fourth Amended Complaint. As a result of that order, no causes of action remained against Tutor-Saliba. The Court further ordered that "[n]o further amendments to add new parties, new claims, or new facts will be permitted under any circumstances." (See Order Granting in Part and Denying in Part Plaintiff's Motion for Leave to File Fourth Amended Complaint, filed June 18, 2004, at 20.) Consequently, Tutor-Saliba is no longer a party to the above-titled action.
Rule 54(b) of the Federal Rules of Civil Procedure provides:
When more than one claim for relief is presented in an action, . . ., or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for entry of judgment.
Fed.R.Civ.P. 54(b). As all claims against Tutor-Saliba have been dismissed, there is no reason to delay entry of judgment in Tutor-Saliba's favor.
Accordingly, the Court hereby GRANTS Tutor-Saliba's motion for entry of judgment in Tutor-Saliba's favor with respect to Kinnard's claims against Tutor-Saliba only. The Clerk shall enter judgment forthwith in accordance with this order.
This order terminates Docket No. 284.
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.[X] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED the Court hereby GRANTS Tutor-Saliba's motion for entry of judgment in Tutor-Saliba's favor with respect to Kinnard's claims against Tutor-Saliba only.