Jones v. UNITED STATES OF et al

Filing 53

ORDER Granting 51 Stipulation. IT IS FURTHER ORDERED that 46 Defendant United States' Motion for Judgment is GRANTED. The Clerk of Court shall enter judgment accordingly. Signed by Judge Gloria M. Navarro on 4/27/2021. (Copies have been distributed pursuant to the NEF - MR)

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CHRISTOPHER CHIOU
Acting United States Attorney
District of Nevada
Nevada Bar No. 14853
PATRICK A. ROSE
Assistant United States Attorney
Nevada Bar No. 5109
LINDSAY A. AGER
Assistant United States Attorney
Nevada Bar No. 11985
501 Las Vegas Boulevard, South, Suite 1100
Las Vegas, Nevada 89101
702-388-6336
[e-mail]
[e-mail]
Attorneys for the United States

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Case No. 2:19-cv-00600-GMN-VCF

Anna Jones,
Plaintiff,
v.
United States of America; Thyssenkrupp
Elevator Corporation, a Delaware
Corporation; Thyssenkrupp Elevator
Manufacturing, Inc., a Delaware
Corporation; Does I through X, inclusive;
and Roe Corporations XI through XX,
inclusive,

Stipulation and Order

Defendants.

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Plaintiff Anna Jones and Defendant United States, through their undersigned

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attorneys, represent, stipulate, and request that the Court approve, the terms below to fully

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conclude this matter as between Plaintiff and the United States.

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WHEREAS,

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A.

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The Court recently entered an Order (ECF No. 45) disposing of all claims

against the United States in favor of the United States;

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B.

There remain claims pending against the Thyssenkrupp defendants;

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C.

The United States recently filed a Motion for Entry of Final Judgment (ECF
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No. 46), to which the Thyssenkrupp defendants filed a non-opposition (ECF No. 50), and

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for which Plaintiff would have until April 28, 2021 to file a response;

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D.

The United States has incurred litigation costs for which it could file a Bill of

Costs pursuant to Fed. R. Civ. P. 54(d) and LR 54-1, et seq.;
E.

Plaintiff could seek reconsideration of the Order (ECF No. 45) or appeal of a

final judgment in favor of the United States; and
F.

Plaintiff and the United States each desire to fully end, as between them, all

disputes, further motion practice, and proceedings related to this matter;
NOW THEREFORE, Plaintiff and the United States stipulate as follows:
1.

Plaintiff consents to the granting of the United States’ Motion for Entry of

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Final Judgment (ECF No. 46) and the entry of a separate final judgment, pursuant to Fed.

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R. Civ. P. 58, in favor of the United States;

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2.

Plaintiff will not to seek any relief from any order in favor of the United States

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or from a final judgment in favor of the United States, and Plaintiff waives any and all rights

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and grounds to alteration, amendment, reconsideration, and appeal, including without

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limitation those under Fed. R. Civ. P. 59, 60 and Fed. R. App. P. 3, 4; and

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3.

Defendant United States waives any and all rights to seek and recover costs,

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including without limitation those under Fed. R. Civ. P. 54(d) and LR 54-1, et seq., and, as

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between them, Plaintiff and the United States will each bear their own respective costs and

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attorneys’ fees in this matter.

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Respectfully submitted this 26th day of April 2021.
CHRISTOPHER CHIOU
Acting United States Attorney

HEATON & ASSOCIATES

/s/ Patrick A. Rose_______
PATRICK A. ROSE
LINDSAY A. AGER
Assistant United States Attorneys
Attorneys for the United States

/s/ Jared F. Herling_____________
JARED F. HERLING, ESQ.
Nevada Bar No. 13350
5785 Centennial Center Blvd., Suite 240
Las Vegas, Nevada 89149
Attorney for Plaintiffs

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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that Defendant United
States' [46] Motion for Judgment is GRANTED.

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The Clerk of Court shall enter judgment accordingly.

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Dated this ____ day of April, 2021.

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___________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT

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