Cacioppo v. Town of Vail, Colorado et al

Filing 84

ORDER FOR ENTRY OF FINAL JUDGMENT PURSUANT TO FED.R.CIV.P. 54(b), re 83 Motion for Order. Clerk shall now enter final judgment pursuant to Fed.R.Civ.P. 54(b) dismissing the Town of Vail, Colorado, and awarding costs to that defendant, by Judge Richard P. Matsch on 1/13/2011.(rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 09-cv-02311-RPM
MICHAEL CACIOPPO,
Plaintiff,
v.
TOWN OF VAIL, COLORADO, and
DARREN ANDERSON,
Defendants.
_____________________________________________________________________
ORDER FOR ENTRY OF FINAL JUDGMENT PURSUANT TO FED.R.CIV.P. 54(b)
_____________________________________________________________________
On December 13, 2011, a judgment was entered dismissing the plaintiff’s
complaint against defendant Town of Vail, Colorado, pursuant to this Court’s granting of
that defendant’s motion for summary judgment. On January 12, 2012, the plaintiff filed a
motion to direct entry of final judgment under Fed.R.Civ.P. 54(b), because the defendant
Darren Anderson is in military service and on active duty making it uncertain when the
claims against him may go to trial. The ruling dismissing the Town of Vail was not based
on the question of whether Officer Darren Anderson violated the Constitutional
protections of the plaintiff. Under these circumstances, the Court finds and concludes
that there is no just reason for delay in the entry of final judgment dismissing the Town of
Vail and it is therefore
ORDERED that the Clerk shall now enter final judgment pursuant to Fed.R.Civ.P.
54(b) dismissing the Town of Vail, Colorado, and awarding costs to that defendant.
Dated: January 13th, 2012
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge