Rocks Club Condominium Association v. Stone et al
Filing
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ORDER dismissing this entire action for the reason that all claims against all parties have been resolved. The clerk shall enter final judgment. Signed by Judge Frederick J Martone on 5/17/12. (LFIG)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Rocks Club Condominium Assoc.,
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Plaintiff,
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vs.
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Michael Stone et al,
Defendant.
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No. CV 11-2495-PHX-FJM
ORDER
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The court has before it plaintiff's Memorandum (doc. 16), filed in response to our
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Order of May 11, 2012 (doc. 15). Plaintiff advises that this entire action may be dismissed.
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However, plaintiff states that he will file a Rule 60 motion so that he can move for fees and
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costs. But there is no need for a Rule 60 motion because no final judgment has been entered
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in this case. Assuming the automatic stay is lifted, once we enter final judgment, plaintiff
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will have l4 days to have the clerk tax costs under Rule 54(d)(1), Fed. R. Civ. P. and 14 days
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after entry of judgment to file a motion for attorney's fees under Rule 54(d)(2), Fed. R. Civ.
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P.
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Accordingly, it is ORDERED dismissing this entire action for the reason that all
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claims against all parties have been resolved. The clerk shall enter final judgment.
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DATED this 17th day of May, 2012.
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