Opinion
Civil Action No. 13-cv-00091-REB-KMT
01-28-2014
LEHMAN BROTHERS HOLDINGS, INC., Plaintiff, v. UNIVERSAL AMERICAN MORTGAGE COMPANY, LLC, Defendant.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order Re: Cross-motions for Summary Judgment [#82] entered by Judge Robert E. Blackburn on January 27, 2014, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That Universal's Motion for Summary Judgment [#57], filed November 21, 2013, is GRANTED IN PART and DENIED AS MOOT IN PART as follows:
a. That the motion is GRANTED to the extent it contends that plaintiff's claims are barred by limitations; and
b. That in all other respects, the motion is DENIED AS MOOT;
2. That Plaintiff's Motion for Partial Summary Judgment [#55], filed November 4, 2013, is DENIED;
3. That Plaintiff's Motion To Exclude Defendant's Expert and Strike Defendant's Expert Report [#56], filed November 7, 2013, is DENIED AS MOOT;
4. That Plaintiff's Motion for Leave To File Surreply to Defendant's Reply in Support of Defendant's Motion for Summary Judgment [#70], filed January 8, 2014, is DENIED;
5. That plaintiff's claim against defendant for breach of contract is DISMISSED WITH PREJUDICE as barred by limitations;
6. That JUDGMENT with prejudice IS ENTERED in favor of defendant, Universal American Mortgage Company, LLC, against plaintiff, Lehman Brothers Holdings, Inc., on all claims for relief and causes of action asserted in this action;
7. That the defendant is AWARDED its costs to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado, this 28th day of January, 2014.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: __________
Kathleen Finney
Deputy Clerk