Norton et al v. Zubkoff et al

Filing 60

STIPULATED ORDER for Entry of Judgement against Defendant Thomas Lickteig Only. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KENNETH NORTON and KENDALE
FARMS,
Plaintiffs,
v.

Case Number 10-15104
Honorable David M. Lawson

RICHARD P. ZUBKOFF, THOMAS
LICKTEIG, and MOWTEQ, LLC,
Defendants.
___________________________________/
STIPULATED ORDER FOR ENTRY OF JUDGMENT
AGAINST DEFENDANT THOMAS LICKTEIG ONLY
On June 26, 2012, the Court granted summary judgment in favor of the plaintiffs and against
defendant Thomas Lickteig on the plaintiffs’ claims for fraud, negligent representation, detrimental
reliance, and negligent concealment. Plaintiffs Kenneth Norton and Kendale Farms, and defendant
Thomas Lickteig, have stipulated to the entry of a judgment in the amount of $747,000 against
defendant Lickteig only.
Federal Rule of Civil Procedure 54(b) provides that “[w]hen an action presents more than
one claim for relief . . . , the court may direct entry of a final judgment as to one or more, but fewer
than all, claims . . . only if the court expressly determines that there is no just reason for delay.” The
rule imposes two requirements before judgment may be entered on less than all claims: 1) the
decision must “entirely resolve[]” an individual claim, and 2) there must be “no just reason for
delay.” Lowery v. Fed. Express Corp., 426 F.3d 817, 821 (6th Cir. 2005). The Court’s order
granting in part the plaintiffs’ motion for summary judgment entirely resolved the plaintiffs’ claims
for fraud, negligent representation, detrimental reliance, and negligent concealment as to defendant

Lickteig. The parties have informed the Court that they are close to resolving all of the remaining
claims, and the Court finds that there is no just reason for delay in entering judgment against
defendant Lickteig. The Court therefore will order that a judgment shall enter in favor of the
plaintiffs against defendant Thomas Lickteig in the amount of $747,000.
Accordingly, pursuant to the stipulation of plaintiffs Kenneth Norton and Kendale Farms,
and defendant Thomas Lickteig [dkt. #58], it is ORDERED that a judgment shall enter in favor of
the plaintiffs against defendant Thomas Lickteig in the amount of $747,000.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: December 20, 2012

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on December 20, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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