Cole v. Chase Home Finance LLC et al

Filing 86

ORDER FOR ENTRY OF JUDGMENT: Judgment shall enter against the plaintiff in favor of the defendant dismissing without prejudice the claims asserted in the Second Amended Complaint and Jury Demand [# 61 ] filed 11/14/2013. By Judge Robert E. Blackburn on 4/21/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01452-REB-KLM
ANDREW COLE,
Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.,
Defendant.

ORDER FOR ENTRY OF JUDGMENT
Blackburn, J.
This matter is before me on the Order Adopting Recommendation of United
States Magistrate Judge [#82]1 filed September 4, 2014. Based on that order, I now
direct that judgment enter in this case.
In my order [#82], I granted the motion to dismiss [#62] of the defendant, but
stayed final dismissal of the claims of the plaintiff pending notification of the Chapter 13
Bankruptcy Trustee, the real party in interest. Applying Fed. R. Civ. P. 17, I ordered
that the trustee be given notice of the pendency of this case and an opportunity to seek
to substitute as a plaintiff, join this case, or ratify this case. The Chapter 13 Bankruptcy
Trustee was given notice, as required in my order, but has not elected to substitute as a
plaintiff, join this case, or ratify this case. Absent any such timely action of the trustee,
the dismissal of the claims of the plaintiff became effective on October 13, 2014. Order
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“[#82]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

[#82], p. 3, ¶ 8.
THEREFORE, IT IS ORDERED as follows:
1. That judgment shall enter against the plaintiff in favor of the defendant
dismissing without prejudice the claims asserted in the Second Amended Complaint
and Jury Demand [#61] filed November 14, 2013; and
2. That this case is closed.
Dated April 21, 2015, at Denver, Colorado.
BY THE COURT:

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