Balducci v. Congo Ltd.

Filing 63

ORDER granting 62 Motion to Amend. Judgment shall enter in accordance to the 59 Default Judgment. Entered by Judge Raymond P. Moore on 2/6/2020. (cpear)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 17-cv-02755-RM-MEH
MICHAEL BALDUCCI,
Plaintiff,
v.
CONGO LTD., a Colorado Corporation,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on Plaintiff’s Motion to Amend Complaint (the “Motion”)
(ECF No. 62) filed after the Court granted default judgment on two of Plaintiff’s six claims.
Final judgment was initially entered but then vacated as there are four claims remaining. By his
Motion. Plaintiff seeks to amend his operative complaint in order dismiss those four remaining
claims so that there are no claims remaining and final judgment may enter. Upon consideration
of the Motion, and the Court record, and to promote the “just, speedy, and inexpensive
determination of every action and proceeding,” Fed. R. Civ. P. 1, the Court construes the Motion
as a request to dismiss, without prejudice, the remaining four claims. See Dietz v. Bouldin, 136
S. Ct. 1885, 1888-89 (2016) (noting a district court’s “inherent power” to “manage its docket and
courtroom with a view toward the efficient and expedient resolution of cases”). So construed,
and finding good cause for the dismissal of the remaining four claims, the Court ORDERS as
follows:

(1) That the Motion to Amend (ECF No. 62), construed as a motion to dismiss, is
GRANTED and Plaintiff’s Second, Third, Fourth, and Sixth Claims for Relief are
DISMISSED WITHOUT PREJUDICE; and
(2) That there being no claims remaining, the Clerk shall enter JUDGMENT in favor of
Plaintiff and against Defendant in accordance with the Default Judgment and then
close this case.
DATED this 6th day of February, 2020.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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