Opinion
Civil Action No. 11-cv-03111-REB-KLM
12-10-2012
ERZEBETH WOLFE, an individual, Plaintiff, v. US BANK NATIONAL ASSOCIATION, Defendant.
FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final Judgment is entered.
A. Pursuant to the Order Re: Motion To Dismiss [#19] entered by Judge Robert E. Blackburn on May 8, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That Defendant's Motion To Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) [#16] filed January 30, 2012, is GRANTED IN PART and DENIED IN PART as follows:
a. That the motion is GRANTED with respect to plaintiff's Second and Third Claims for Relief set forth in Plaintiff's First Amended Complaint [#8] filed January 9, 2012, and those claims are DISMISSED WITHOUT PREJUDICE for lack of federal subject matter jurisdiction; and
b. That in all other respects, the motion is DENIED; and
2. That JUDGMENT IS ENTERED on behalf of defendant US Bank National Association against plaintiff Erzebeth Wolfe as to the Second and Third Claims for Relief set forth in Plaintiff's First Amended Complaint [#8] filed January 9, 2012; provided that JUDGMENT as to these claims IS WITHOUT PREJUDICE.
B. Pursuant to the Order Granting Defendant's Motion for Summary Judgment [#34] entered by Judge Robert E. Blackburn on December 5, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That Defendant's Motion for Summary Judgment [#26] filed September 28, 2012, is GRANTED;
2. That plaintiff's claims against defendant are DISMISSED WITH PREJUDICE;
3. That JUDGMENT IS ENTERED on behalf of defendant, US Bank National Association, against plaintiff, Erzebeth Wolfe, as to all claims for relief and causes of action; provided that JUDGMENT IS WITH PREJUDICE; and
4. 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 10th day of December, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: ________
Edward P. Butler
Deputy Clerk