Johnson et al v. Bodenhausen et al

Filing 99

ORDER granting 98 Stipulated Motion for Judgment in 10-cv-00341. Clerk to enter judgment in 10-cv-00341. Parties to bear their own costs. 11-cv-01580 shall proceed as if it had never been consolidated with 10-cv-00341, by Judge William J. Martinez on 6/13/12.(gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-00341-WJM-KMT
KANE F. JOHNSON, a minor, by and through his parents and legal guardians,
Kevin L. Johnson and Cheryl L. Johnson;
KEVIN L. JOHNSON, individually; and
CHERYL L. JOHNSON, individually,
Plaintiffs,
v.
SETH BODENHAUSEN; and
VAIL SUMMIT RESORTS, INC., d/b/a BRECKENRIDGE SKI RESORT, INC.,
Defendants.
and
Civil Action No. 11-cv-01580-WJM-KMT
AUTO CLUB FAMILY INSURANCE COMPANY,
Plaintiff,
v.
SETH BODENHAUSEN;
KANE F. JOHNSON, a minor, by and through his parents and legal guardians, Kevin L.
Johnson and Cheryl L. Johnson;
KEVIN L. JOHNSON, individually; and
CHERYL L. JOHNSON, individually
Defendants.

ORDER GRANTING STIPULATED MOTION FOR ENTRY OF JUDGMENT
IN CIVIL ACTION NO. 10-CV-00341 JOHNSON ET AL. V. BODENHAUSEN ET AL.

This matter is before the Court on the Stipulated Motion for Entry of Judgment
(“Stipulated Motion”) in Civil Action No. 10-cv-00341, Johnson et al. v. Bodenhausen et
al. The Stipulated Motion, filed by all the parties in No. 10-cv-00341,1 seek entry of
judgment pursuant to a settlement between Plaintiffs Kane Johnson, Kevin Johnson,
and Cheryl Johnson and Defendant Seth Bodenhausen.
For good cause shown, the Court hereby ORDERS as follows:
1.

The Stipulated Motion for Entry of Judgment (ECF No. 98) in Civil Action No. 10cv-00341 is GRANTED;

2.

In Civil Action No. 10-cv-00341, the Clerk of Court shall enter judgment against
Defendant Seth Bodenhausen and in favor of Plaintiff Kane Johnson, by and
through his parents Kevin and Cheryl Johnson, in the amount of $289,640.52 for
his non-economic losses pursuant to the terms of the Settlement Agreement
signed by Kevin and Cheryl Johnson on May 16, 2012 and by Seth Bodenhausen
on June 5, 2012;

3.

In Civil Action No. 10-cv-00341, the Clerk of Court shall enter judgment against
Defendant Seth Bodenhausen and in favor of Plaintiffs Kevin Johnson and Cheryl
Johnson in the amount of $60,359.48 for medical expenses and their
out-of-pocket economic losses pursuant to the terms of the Settlement
Agreement signed by Kevin and Cheryl Johnson on May 16, 2012 and by Seth
Bodenhausen on June 5, 2012;
1

On December 19, 2011, the Court dismissed the claims in No. 10-cv-00341 brought by
Plaintiffs Kane F. Johnson, Kevin L. Johnson, and Cheryl L. Johnson against Vail Summit
Resorts, Inc., d/b/a Breckenridge Ski Resort, Inc. (ECF No. 86.)

2

4.

The parties in Civil Action No. 10-cv-00341 shall each bear their own costs;

5.

This Order constitutes a Final Judgment in 10-cv-00341. This Order in no way
affects the proceedings in Civil Action No. 11-cv-01580, an action filed by Auto
Club Family Insurance Company against Seth Bodenhausen, Kane Johnson,
Kevin Johnson, and Cheryl Johnson. Civil Action No. 11-cv-01580 shall proceed
as if it had never been consolidated with Civil Action No. 10-cv-00341.
Dated this 13th day of June, 2012.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

3