Anderson et al v. HCA-HealthOne LLC et al

Filing 205

ORDER CLARIFYING SUMMARY JUDGMENT. The Court maintains that its 188 Order is not a final judgment under Rule 54(b), by Judge Christine M. Arguello on 02/25/2011. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00704-CMA-KMT LAUREN P. ANDERSON, and WILLIAM W. ANDERSON, III, Plaintiffs, v. DAVID C. VAN PELT, M.D., BROOKS W. LONG, M.D., CHRISTOPHER G. McLAUGHLIN, M.D., and SALLIE B. CLARK, M.D., Defendants.

ORDER CLARIFYING SUMMARY JUDGMENT

This matter is before the Court on Defendant Christopher G. McLaughlin, M.D.'s ("McLaughlin") Motion for Clarification of Order Granting Summary Judgment (Doc. # 193) and Plaintiffs' and McLaughlin's supplemental briefing regarding the same.1 (Doc. ## 200, 204.) In his motion, McLaughlin requests clarification as to whether the Court intended its order granting summary judgment in his favor (Doc. # 188) ("Order") to be a final judgment under Federal Rule of Civil Procedure 54(b). While the Court has stated that it did not intend the Order to be a final judgment pursuant to Rule 54(b) (Doc. # 194), the Court requested supplemental briefing from the

Despite having the opportunity to do so, the remaining Defendants did not submit briefs on the issue.

1

parties as to whether such entry of judgement is appropriate. (Doc. # 199.) Both the Plaintiffs and Defendant McLaughlin submitted supplemental briefs and agree that such judgment should not be entered at this juncture in the case, but rather should be entered at the conclusion of the litigation against all defendants. Accordingly, the Court maintains that its Order is not a final judgment under Rule 54(b). DATED: February 25 , 2011 BY THE COURT:

______________________________ CHRISTINE M. ARGUELLO United States District Judge

2