Opinion
Case No. CV 09 4752 PJH.
February 12, 2010
PETER A. LINDH (061907), MARKER E. LOVELL, JR. (208659), GIBSON ROBB LINDH LLP, San Francisco, California, Attorneys for Plaintiff-in-Limitation, RKK INVESTMENTS LLC.
[PROPOSED] ORDER GRANTING PETITION FOR EXONERATION FROM LIABILITY AND JUDGMENT
Plaintiff-in-Limitation RKK INVESTMENTS LLC's Motion for an Order granting exoneration from liability is before the Honorable Phyllis J. Hamilton on March 3, 2010, in the above-entitled Court. The Court finds that no claims were made to Plaintiff-in-Limitation's complaint for exoneration from and/or limitation of liability within the time period set forth by the Court. Therefore, there are no remaining legally cognizable claims contesting Plaintiff-in-Limitation's right to exoneration from liability. Thus, the Court finds that RKK INVESTMENTS LLC is entitled to judgment as a matter of law. The Court further finds that any claims against Plaintiff-in-Limitation are neither permissible nor necessary. The Court further finds that pursuant to F.R.C.P. Rule 54(b) that there is no reason for delay in entry of judgment.
IT IS HEREBY ORDERED, JUDGED, AND DECREED AS FOLLOWS:
Plaintiff-in-Limitation's Motion for an order granting Plaintiff-in-Limitation exoneration from liability for damages, for any and all losses, injuries and/or deaths that occurred on or about March 10, 2009, is granted; and the Clerk is expressly directed to enter judgment in favor of Plaintiff-in-Limitation.