United Financial Casualty Company v. Lapp et al

Filing 84

FINAL JUDGMENT by Clerk. ORDERED that the Recommendation of Magistrate Judge Hegarty 62 is ADOPTED. United's Amended Complaint 34 is DISMISSED for lack of subject matter jurisdiction, and the case is closed. Plaintiff is AWARDED its costs, to be taxed by the Clerk of the Court. By Clerk on 3/22/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 12-cv-00432-MSK-MEH
UNITED FINANCIAL CASUALTY COMPANY, an Ohio corporation,
Plaintiff,
v.
RICHARD LAPP, an individual, d/b/a Slick Spot Farm & Truck;
NATIONAL RAILROAD PASSENGER CORPORATION, a District of Columbia corporation
d/b/a Amtrak;
BNSF RAILWAY COMPANY, a Delaware corporation;
W-L ENTERPRISES, LLC, a Kansas limited liability company;
WRIGHT-LORENZ GRAIN CO., INC., a dissolved Kansas corporation;
GARY JORDAN, an individual;
WESTERN HERITAGE INSURANCE COMPANY, an Arizona corporation;
CHRISTOPHER NELSON, an individual;
BRADLEY SWARTZWELTER, an individual; and
JOHN DOES 1 through 27,
Defendants.

FINAL JUDGMENT

In accordance with orders filed during the pendency of this case, and pursuant to Fed. R.
Civ. P 58(a), the following Final Judgment is hereby entered.
Pursuant to the Opinion and Order filed on March 21, 2013, adopting the
Recommendation issued by the Magistrate Judge (Doc. #62) to Grant defendant Lapp’s Motion
to Dismiss (Doc. #40), it is
ORDERED that the Recommendation of Magistrate Judge Hegarty (Doc. #62) is
ADOPTED. United’s Amended Complaint (Doc. #34) is DISMISSED for lack of subject
matter jurisdiction under 28 U.S.C. §1332, and the case is closed. It is further

ORDERED that plaintiff is AWARDED its costs, to be taxed by the Clerk of the
Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated at Denver, Colorado this 22nd day of March, 2013.
ENTERED FOR THE COURT:
JEFFREY P. COLWELL, CLERK

By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk