Koga-Smith v. MetLife et al
Filing
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ORDER re Final Judgment. Signed by Judge Edward M. Chen on 4/5/2013. (emclc1, COURT STAFF) (Filed on 4/5/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NAOMI KOGA-SMITH,
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Plaintiff,
v.
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For the Northern District of California
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United States District Court
No. C-12-4050 EMC
METLIFE, et al.,
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ORDER RE FINAL JUDGMENT
Defendants.
___________________________________/
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Previously, the Court issued an order granting summary judgment in favor of Ms. Carter.
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See Docket No. 54 (Order at 5). The Court, however, declined to order a final judgment at that time
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because Ms. Carter had suggested that she might want to file crossclaims or counterclaims.
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Accordingly, the Court gave Ms. Carter a specific time period within which to file any crossclaim or
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counterclaim. See Docket No. 54 (Order at 5-6).
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Ms. Carter has now submitted a declaration stating that she “has researched the law and
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concluded that filing . . . claims as part of this case would not be prudent.” Docket No. 69 (Carter
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Decl. at 1). She affirmatively states that “she will not be filing crossclaims against MetLife as part
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of this case” and that “any claims against [Ms. Koga-Smith] are more properly pursued in a state
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court and not part of this case.” Docket No. 69 (Carter ¶¶ 1, 2). Ms. Carter concludes by asking the
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Court to enter a final judgment in the case.
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Because Ms. Carter has now expressly declined to add any crossclaims or counterclaims to
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this case, the Court agrees that a final judgment is proper. Ms. Koga-Smith’s claims have been
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disposed of in their entirety. Accordingly, the Court directs the Clerk of the Court to enter a
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final judgment in this case in accordance with its summary judgment order of March 12, 2013.
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See Docket No. 54 (order). The Clerk of the Court is also directed to close the file in this case.1
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The Court notes that, although it is directing entry of a final judgment and the closure of the
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file, Ms. Carter and MetLife are still expected to file a joint letter on April 10, 2013, regarding the
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status of the wire transfer.
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IT IS SO ORDERED.
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Dated: April 5, 2013
_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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As before, Ms. Carter has asked for “a ruling with prejudice,” Docket No. 69 (Carter Decl.
¶ 4), but, as the Court has previously indicated, “[t]he extent to which this Court’s ruling on the
merits in this case will have any res judicata effect in a subsequent case will be for the court in the
subsequent case to decide.” Docket No. 61 (Order at 3).
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