Reza v. Pearce et al

Filing 102

ORDER denying as moot Burton's 101 Motion for Entry of Final Judgment. Signed by Judge Frederick J Martone on 1/18/13.(REW)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Salvador Reza,
Plaintiff,

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vs.

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Russell Pearce, et al.,
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Defendants.
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No. CV 11-01170-PHX-FJM
ORDER

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The court has before it defendant Burton’s renewed motion for entry of judgment
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(doc. 101). We dismissed defendant Burton from this case on October 21, 2011 (doc. 25).
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On December 28, 2012, we granted summary judgment in favor of the only remaining
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defendant (doc. 98), and the clerk entered final judgment on that same day (doc. 99).
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Defendant Burton now asks, out of an abundance of caution, that we enter separate judgment
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in his favor.
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The entry of a final judgment in defendant Burton’s favor is unnecessary because the
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filing of the final judgment on December 28, 2012 disposed of the entire case, leaving
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nothing pending in this action. Once that judgment was entered, the earlier interlocutory
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order dismissing defendant Burton became final. See American Ironworks & Erectors Inc.
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v. North Am. Constr. Corp., 248 F.3d 892, 897-98 (9th Cir. 2001). There is no need to enter
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a separate final judgment with respect to our interlocutory orders. Id. at 898.
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IT IS ORDERED DENYING as moot defendant Burton’s motion for entry of final
judgment (doc. 101).
DATED this 18th day of January, 2013.

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