Cook, et al v. Rockwell Intl Corp

Filing 2358

JUDGMENT by Clerk in favor of Dow Chemical Company, Rockwell International Corporation against Bank Western, Delores Schierkolk, Gertrude Babb, Lorren Babb, Merilyn Cook, Michael Dean Rice, Peggy J. Sandoval, Rhonda J. Deimer, Richard Bartlett, Sally Bartlett, Stephen Sandoval, Thomas L. Deimer, William Schierkolk, Jr re: 2356 Order on Motion for Order. Action dismissed with prejudice. Each side to bear own costs. Entered by Clerk on February 27, 2014. (ebutl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 90-cv-00181-JLK
MERILYN COOK, et al.,
Plaintiffs,
v.
ROCKWELL INTERNATIONAL CORPORATION and
THE DOW CHEMICAL COMPANY,
Defendants.

JUDGMENT

On February 27, 2014, Judge Kane issued an Order APPROVING the parties'
Stipulation for Dismissal and directing the Entry of Judgment (Doc. 2356). Accordingly,
Judgment is hereby entered in favor of Defendants and against Plaintiffs as follows:
1.

In light of the Tenth Circuit Decision on appeal from the jury's verdict in this case,

Plaintiffs will not pursue any claims under the PAA unless the Tenth Circuit Decision is
overturned or modified.
2.

Accordingly, the Court's ruling on remand that "Plaintiffs may not litigate this case

outside the PAA," (January 28, 2014 Order at 13), means that Plaintiffs have no further
claims to litigate in the district court unless that ruling is overturned on appeal or unless
the Tenth Circuit Decision is overturned or modified.
3.

So that Plaintiffs may immediately appeal from the January 28 Order, this action

is DISMISSED with prejudice. Each side is to bear its own costs.
Dated at Denver, Colorado this 27th day of February, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/ Edward P. Butler
Edward P. Butler, Deputy Clerk