Driskell v. Thompson et al

Filing 48

JUDGMENT by Clerk in favor of Bruce R Thompson against Robert J. Driskell re: 47 Order, by Clerk on 10/31/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03107-REB-KLM
ROBERT J. DRISKELL,
Plaintiff,
v.
BRUCE R. THOMPSON, Chief Financial Officer (CFO), doing business as CFO Bruce
R. Thompson Bank of America, N.A, and
John Doe 1-100, successor by merger BAC Home Loans Serving, LP, formerly known as
Countrywide Home Loans, LP,
Defendants.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order Adopting Recommendation of the United States
Magistrate Judge [#47] entered by Judge Robert E. Blackburn on October 30, 2013,
which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#46], filed
September 27, 2013, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant Bruce R. Thompson’s Motion To Dismiss Plaintiff’s
Complaint Pursuant to Fed. R. Civ. P. 12(b)(5) and (6) [#42], filed July 15, 2013, is
GRANTED IN PART and DENIED IN PART as follows:
a. That the motion is GRANTED insofar as it seeks dismissal of plaintiff’s
claims against defendant, Bruce R. Thompson, pursuant to Fed. R. Civ. P.

12(b)(6); and
b. That in all other respects, the motion is DENIED;
3. That plaintiff’s claims against the remaining defendants, Bruce R. Thompson
and John Doe 1-100, are DISMISSED WITHOUT PREJUDICE;
4. That judgment SHALL ENTER as follows:
a. On behalf of defendants, Bruce R. Thompson, Chief Financial Officer
(CFO), doing business as CFO Bruce R. Thompson Bank of America, N.A.;
and John Doe 1-100, successor by merger BAC Home Loans Serving, LP,
formerly known as Countrywide Home Loans, LP, against plaintiff, Robert
J. Driskell, on all claims for relief and causes of action asserted against him
by plaintiff; provided that the judgment as to the claims against these
defendants shall be without prejudice; and
b. On behalf of defendant, Bank of America, N.A., against plaintiff, Robert
J. Driskell, as provided in this court’s Order Adopting Recommendation
of the United States Magistrate Judge ¶ 5 at 2 [#45], filed September 10,
2013; and
5. That the defendants are AWARDED their 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 31st day of October 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk