LuxeYard, Inc. v. Bell et al

Filing 91

ORDER REOPENING CASE and Certifying Judgment Pursuant to Rule 54(b) by Chief Judge Marcia S. Krieger on 9/30/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 13-cv-02990-MSK-KMT
KHALED ALATTAR,
Plaintiff,
v.
AARON BELL;
CHRISTOPHER BELL;
RACHEL BELL; and
WILLIAM BELL,
Defendants.

ORDER REOPENING CASE AND CERTIFYING
JUDGMENT PURSUANT TO RULE 54(B)

THIS MATTER comes before the Court sua sponte.
On September 29, 2014, this Court entered an Order (# 88) granting the Defendants’

motion to dismiss Khaled Alattar’s complaint and denying Mr. Alattar’s request for leave to
amend. The Court directed that the complaint be dismissed without prejudice, that the Clerk of
the Court enter final judgment, and that the case be closed. In doing so, however, the Court
overlooked the fact that a motion to intervene by Luxeyard, Inc. has been granted (# 57), and that
Luxeyard thus remained a plaintiff asserting live claims.
Accordingly, the Court’s direction to the Clerk of the Court to close this case was in
error. The Court VACATES that portion of its prior Opinion and the Clerk is ordered to re-open
the case. A Motion to Dismiss the Complaint in Intervention remains pending in front of the

Magistrate Judge (# 65, 69), and to the extent necessary, the Clerk shall also administratively redesignate that potion as pending.
There remains the matter of the Judgment (# 89) entered against Mr. Alattar. Pursuant to
Oklahoma Turnpike Authority v. Bruner, 259 F.3d 1236, 1241-42 (10th Cir. 2001), the Court
finds that there is no just reason to delay potential appellate review of the dismissal of Mr.
Alattar’s complaint and that entry of final judgment as to him under Fed. R. Civ. P. 54(b) is
appropriate. The defects compelling dismissal of Mr. Alattar’s claims are personal to him and
not likely to be implicated in addressing Luxeyard’s complaint. Accordingly, the final judgment
(# 89) is thus DEEMED AMENDED to reflect that it is entered against Mr. Alattar as a final
judgment pursuant to Fed. R. Civ. P. 54(b), with the remainder of the case proceeding.
Dated this 30th day of September, 2014.
BY THE COURT:

Marcia S. Krieger
Chief United States District Judge