Opinion
Civil Action No. 12-cv-03216-REB-MJW
2013-09-20
ASARCO LLC, a Delaware limited liability company, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation; UNION PACIFIC CORPORATION, a Utah corporation; PEPSI-COLA METROPOLITAN BOTTLING CO., INC., a New Jersey corporation; and BOTTLING GROUP, LLC, a Delaware limited liability company, Defendants.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order Adopting Recommendation of United States Magistrate Judge [#52] entered by Judge Robert E. Blackburn on September 19, 2013, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the plaintiff's objections [#48] to the recommendation are OVERRULED;
2. That the Recommendation on Defendants Union Pacific Railroad Company's and Union Pacific Corporation's Motion to Dismiss (Docket No. 20) and Defendant Pepsi-Cola Metropolitan Bottling Co., Inc's and Bottling Group, LLC's Motion to Dismiss (Docket No. 27) [#47] filed July 8, 2013, is APPROVED and ADOPTED as an order of this court;
3. That under FED. R. CIV. P. 12(b)(6), the Defendants Union Pacific Railroad Company's and Union Pacific Corporation's Motion To Dismiss [#20] filed January 9, 2013, is GRANTED;
4. That under FED. R. CIV. P. 12(b)(6), the Defendant Pepsi-Cola Metropolitan Bottling Co., Inc's and Bottling Group, LLC's Motion To Dismiss [#27] filed January 10, 2013, is GRANTED;
5. That under FED. R. CIV. P. 12(b)(6), the Complaint is DISMISSED with prejudice;
6. That JUDGMENT IS ENTERED in favor of the defendants, Union Pacific Railroad Company, a Delaware corporation, Union Pacific Corporation, a Utah corporation, Pepsi-Cola Metropolitan Bottling Co., Inc., a New Jersey corporation, and Bottling Group, LLC, a Delaware limited liability company, and against the plaintiff, ASARCO LLC, a Delaware limited liability company; and
7. That the defendants are AWARDED their costs to be taxed by the Clerk of the Court in the time and manner prescribed by Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado, this 20th day of September, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: ______________________
Edward P. Butler
Deputy Clerk