Securities and Exchange Commission v. Merendon Mining (Nevada) Inc. et al
Filing
138
ORDER by Judge Richard A Jones. The court DENIES Plaintiff's motion for a final judgment in this closed case. Dkt. # 137 . (CL)
HONORABLE RICHARD A. JONES
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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SECURITIES AND EXCHANGE
COMMISSION,
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Plaintiff,
v.
ORDER
MERENDON MINING (NEVADA) INC.,
et al.,
Defendants.
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CASE NO. C10-955RAJ
The court DENIES Plaintiff’s motion for a final judgment in this closed case. Dkt.
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# 137. Plaintiff filed that motion more than 16 months after the court entered judgment
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against the last of many Defendants and closed this case. See Oct. 30, 2012 ord. (Dkt.
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# 123) (resolving motion for final relief against Larry Adair), Oct. 30, 2012 judgment &
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permanent injunction (Dkt. # 124). In the months preceding that last judgment, the court
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entered judgments against all other Defendants, although it did not certify those
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judgments as final in accordance with Fed. R. Civ. P. 54(b).
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Now, 16 months after this case ended, Plaintiff wants the court to enter new
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judgments against every Defendant except Mr. Adair. The court declines to do so for two
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independent reasons. First, Plaintiff offers no explanation for its 16-month delay in
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seeking final judgments. Second, the judgments against every defendant became final
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ORDER – 1
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when the court entered judgment against Mr. Adair and closed this case. See, e.g., Smith
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v. Half Hollow Hills Cent. Sch. Dist., 298 F.3d 168, 171-172 (2d Cir. 2002) (holding that
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dismissal of last cause of action and closing of case rendered previous orders dismissing
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other causes of action final). Every judgment (or other order imposing final relief against
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a Defendant) that the court entered in this case became final when the court closed the
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case on October 30, 2012.
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DATED this 21st day of April, 2014.
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A
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The Honorable Richard A. Jones
United States District Court Judge
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ORDER – 2
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