Bard Water District v. James Davey and Associates, Inc. et al

Filing 128

ORDER ENTERING FINAL JUDGMENT AGAINST PLAINTIFF BARD WATER DISTRICT. Signed by Judge Jeffrey T. Miller on 11/7/2018.(sjm)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 13cv2727 JM (RBB) BARD WATER DISTRICT, Plaintiff, 12 13 14 ORDER ENTERING FINAL JUDGMENT AGAINST PLAINTIFF BARD WATER DISTRICT v. JAMES DAVEY AND ASSOCIATES, INC., an Arizona corporation; JAMES DAVEY; and DOES 1 through 50, 15 16 Defendants. 17 18 19 20 21 22 23 24 JAMES DAVEY AND ASSOCIATES, INC., an Arizona corporation, Third-Party Plaintiff, v. GEORGE CAIRO ENGINEERING, INC., an Arizona corporation; and ROES 1 through 10, inclusive, Third-Party Defendants. 25 On October 1, 2018, the court granted Defendants James Davey and Associates, Inc. 26 and James Davey’s motion for summary judgment against Plaintiff Bard Water District on 27 the basis that Plaintiff failed to file this action before expiration of the statute of limitations. 28 (Doc. No. 120.) Pursuant to Federal Rule of Civil Procedure 54(b), the court finds no just 1 13cv2727 JM (RBB) 1 reason for delay of entry of final judgment against Plaintiff. Accordingly, the court directs 2 the Clerk of Court to enter final judgment against Plaintiff Bard Water District and in favor 3 of Defendants James Davey and Associates, Inc. and James Davey. The court retains 4 jurisdiction to hear a motion filed pursuant to Rule 54(d). This order does not modify the 5 Status Hearing set for November 16, 2018, or end the action as to any of the claims or 6 rights and liabilities of other parties to this case. 7 IT IS SO ORDERED. 8 DATED: November 7, 2018 9 JEFFREY T. MILLER United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 13cv2727 JM (RBB)

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