Opinion
Civil No. 2:02CV-0102B
December 30, 2003
James L. Ahlstrom, Esq., PARR WADDOUPS BROWN GEE LOVELESS, Salt Lake City, Utah, for Plaintiff United Van Lines
ORDER OF DISMISSAL, ORDER SETTING ASIDE DEFAULTS, AND ORDER DIRECTING ENTRY OF FINAL JUDGMENT UNDER RULE 54(B)
Plaintiff's Request Under Rule 54(b) for Entry of Order Dismissing Claims Against Oakland Homes Corporation, Oakland Homes of Utah, and Oakland Creek of Springville (the "Motion") came before the Court. Having considered the Motion and all other pleadings and papers on file with the Court, and good cause appearing, the Court hereby ORDERS, ADJUDGES, and DECREES as follows:
1. The Motion shall be, and the same hereby is, GRANTED.
2. All claims of relief by and between plaintiff United Van Lines, L.L.C. ("United"), on the one hand, and Oakland Homes Corporation, Oakland Homes of Utah, and Oakland Creek of Springville (the "Oakland Defendants"), on the other hand, hereby are dismissed with prejudice in accordance with the parties' agreement.
3. Any certificate of default, default judgment, or other default of any sort entered against any of the Oakland Defendants is hereby set aside pursuant to Rule 55(c) and in accordance with the parties' agreement, the Court expressly finding good cause to set aside any such default.
4. This Order constitutes a final judgment as between United and the Oakland Defendants, the Court expressly finding that there is no just reason for delay of entry of such final judgment and hereby directing entry of such final judgment.
5. Each of the parties shall bear their own attorneys' fees and costs associated with the Motion to which this Order relates.