St. Paul Fire and Marine Insurance Company v. Alstom Power, Inc. et al

Filing 135

ORDER AND FINAL JUDGMENT PURSUANT TO F.R.C.P. 54(b). By Judge Lewis T. Babcock on 6/7/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No. 08-cv-02139-LTB-KLM
ST. PAUL FIRE AND MARINE INSURANCE COMPANY,
Plaintiff,
v.
ALSTOM POWER, INC.,
TIC - THE INDUSTRIAL COMPANY,
ZURICH AMERICAN INSURANCE COMPANY,
Defendants.
________________________________________________________________________________
ORDER AND FINAL JUDGMENT PURSUANT TO F.R.C.P. 54(b)
________________________________________________________________________________
On August 31, 2010, this Court entered summary judgment in favor of St. Paul and against
Alstom, ruling that St. Paul owed no indemnity to Alstom. The Court also denied Alstom’s parallel
motion for partial summary judgment on this indemnity issue. Docket #128.
Pursuant to the parties’ stipulation, the Court has considered the status of this action and
finds that there is no just reason for further delay in entering final judgment in favor of St. Paul and
against Alstom based on this Court’s August 31, 2010 summary judgment order.
Accordingly, pursuant to F.R.C.P. 54(b), the Court hereby directs the Clerk to enter final
judgment in favor of St. Paul and against Alstom.
The Court further orders that this action shall be stayed pending Alstom’s appeal of this final
judgment, based on the parties’ stipulation that this action can be dismissed if this court’s judgment
in favor of St. Paul is upheld on appeal.
Done this

7th

day of June, 2011.
BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge

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