Fitzsimmons v. Stewart et al

Filing 75

FINAL JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT THOMAS STEWART by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANDREA FITZSIMMONS,
Plaintiff,
vs.

Civ. No. 2:18-CV-00069 KG/GJF

THOMAS STEWART, and
STEWART INDUSTRIES
INTERNATIONAL ROSWELL, LLC,
Defendants.
FINAL JUDGMENT IN FAVOR OF PLAINTIFF AND
AGAINST DEFENDANT THOMAS STEWART
THE COURT, having entered an order granting Plaintiff’s motion for partial summary
judgment against Defendant Thomas Stewart, (Doc. 73), and finding that Plaintiff has voluntarily
moved to dismiss her remaining claim and damages for retaliation against Defendant Thomas
Stewart under Fed. R. Civ. P. 41(a)(2), enters Final Judgment against Defendant Thomas Stewart
in compliance with Fed. R. Civ. P. 58.
Wherefore;
IT IS ORDERED, ADJUDGED AND DECREED that Judgment is entered in favor of
Plaintiff Andrea Fitzsimmons and against Defendant Thomas Stewart.
IT IS FURTHER ORDERED that damages are awarded in favor of Plaintiff Andrea
Fitzsimmons, and against Defendant Thomas Stewart, in the sum of $118,748.01.
IT IS FURTHER ORDERED that Plaintiff’s voluntary request that the Court dismiss the
remaining claim (Count II) and damages against Defendant Thomas Stewart (Doc. 73) be, and
herby is, granted.

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IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 54(b) the Court finds there
is no just reason for delay in entering final judgment against Defendant Thomas Stewart. All
claims between Plaintiff and Defendant Thomas Stewart have been resolved by the Court’s order
granting Plaintiff’s motion for partial summary judgment and granting Plaintiff’s motion to
voluntarily dismiss Count II. The remaining claims in this litigation concern the corporate
Defendant, Stewart Industries International LLC., that are subject to the Court’s stay order
entered September 19, 2018. (Doc. 27).

_____________________________________
UNITED STATES DISTRICT JUDGE

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