Archer et al v. Darling et al

Filing 375

ORDER denying 374 Plaintiffs' Motion for Default Judgment. By Judge Philip A. Brimmer on 5/27/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Case No. 09-cv-01988-PAB-KMT
RYAN ARCHER, et al.,
Plaintiffs,
v.
WALLACE DARLING, et al.,
Defendants.

ORDER

This matter is before the Court on plaintiffs’ motion for default judgment [Docket
No. 374]. Plaintiffs request that the Clerk of the Court enter default judgment against
defendant Wallace Darling pursuant to Federal Rule of Civil Procedure 55(b)(1).
Because all the federal claims had already been dismissed, the Court declined to
exercise supplemental jurisdiction over plaintiffs’ state law claims against defendants,
including defendant Darling, pursuant to 28 U.S.C. § 1367(c)(3) and dismissed those
claims without prejudice on May 6, 2011. See Docket No. 371. Judgment entered on
May 13, 2011. See Docket No. 372. This case is closed, and the Court no longer has
jurisdiction over plaintiffs’ claims against defendant Darling. Consequently, it is
ORDERED that plaintiffs’ motion for default judgment [Docket No. 374] is
DENIED.

DATED May 27, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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