Enslein v. Di Mase et al

Filing 637

ORDER VACATING CLERK'S JUDGMENT. Signed on 12/5/19 by District Judge Ortrie D. Smith. (Order mailed to all pro se participants without PACER accounts.) (Matthes Mitra, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
JERALD S. ENSLEIN, in his capacity
as Chapter 7 Trustee for Xurex, Inc.,
Plaintiff,
vs.
GIACOMO E. DI MASE, et al.,
Defendants.

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Case No. 16-09020-CV-W-ODS

ORDER VACATING CLERK’S JUDGMENT
After the jury rendered its verdicts on Plaintiff’s civil conspiracy and breach of
fiduciary claims, the Clerk of the Court entered a Judgment in a Civil Case (“Clerk’s
Judgment”) that solely memorialized the jury’s verdicts on the claims that were tried.
Doc. #631. Because the Clerk’s Judgment could be construed as a final, appealable
judgment, the Court vacates the Clerk’s Judgment.
To be clear, the Court has not adjudicated all claims and all parties’ rights and
liabilities in this matter. Thus, the Court cannot enter a final, appealable judgment
unless it “expressly determines that there is no just reason for delay.” Fed. R. Civ. P.
58(b). The Court has not been asked to make that determination and declines to make
such a determination.
IT IS SO ORDERED.

DATE: December 5, 2019

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT