ASARCO LLC v. Union Pacific Railroad Company et al

Filing 53

JUDGMENT by Clerk in favor of Bottling Group, LLC, Pepsi-Cola Metropolitan Bottling, Co., Inc., Union Pacific Corporation, Union Pacific Railroad Company against ASARCO LLC re: 52 Order, by Clerk on 9/20/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03216-REB-MJW
ASARCO LLC, a Delaware limited liability company,
Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation;
UNION PACIFIC CORPORATION, a Utah corporation;
PEPSI-COLA METROPOLITAN BOTTLING CO., INC., a New Jersey corporation; and
BOTTLING GROUP, LLC, a Delaware limited liability company,
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 United States Magistrate
Judge [#52] entered by Judge Robert E. Blackburn on September 19, 2013, which order
is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the plaintiff’s objections [#48] to the recommendation are OVERRULED;
2. That the Recommendation on Defendants Union Pacific Railroad
Company’s and Union Pacific Corporation’s Motion to Dismiss (Docket No. 20)
and Defendant Pepsi-Cola Metropolitan Bottling Co., Inc’s and Bottling Group,
LLC’s Motion to Dismiss (Docket No. 27) [#47] filed July 8, 2013, is APPROVED and
ADOPTED as an order of this court;
3. That under FED. R. CIV. P. 12(b)(6), the Defendants Union Pacific Railroad

Company’s and Union Pacific Corporation’s Motion To Dismiss [#20] filed January
9, 2013, is GRANTED;
4. That under FED. R. CIV. P. 12(b)(6), the Defendant Pepsi-Cola Metropolitan
Bottling Co., Inc’s and Bottling Group, LLC’s Motion To Dismiss [#27] filed January
10, 2013, is GRANTED;
5. That under FED. R. CIV. P. 12(b)(6), the Complaint [#1] is DISMISSED with
prejudice;
6. That JUDGMENT IS ENTERED in favor of the defendants, Union Pacific
Railroad Company, a Delaware corporation, Union Pacific Corporation, a Utah
corporation, Pepsi-Cola Metropolitan Bottling Co., Inc., a New Jersey corporation, and
Bottling Group, LLC, a Delaware limited liability company, and against the plaintiff,
ASARCO LLC, a Delaware limited liability company; and
7. That the defendants are AWARDED their costs to be taxed by the Clerk of the
Court in the time and manner prescribed by Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR
54.1.
DATED at Denver, Colorado, this 20th day of September, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk