United States District Court, N.D. California
August 18, 2004.
KENNETH R. KINNARD, Plaintiff,
ROGERS TRUCKING, et al., Defendants.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER GRANTING TUTOR-SALIBA CORPORATION'S MOTION FOR ENTRY OF
(Docket No. 284)
Before the Court is defendant Tutor-Saliba Corporation's
("Tutor-Saliba") motion, filed August 17, 2004, for entry of
judgment, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure. The Court sees no need for further briefing or oral
argument on the matter, and hereby VACATES the September 24, 2004
hearing on the motion.
On June 18, 2004, the Court granted in part and denied in part
plaintiff Kenneth Kinnard's ("Kinnard") motion for leave to file
a Fourth Amended Complaint. As a result of that order, no causes
of action remained against Tutor-Saliba. The Court further
ordered that "[n]o further amendments to add new parties, new
claims, or new facts will be permitted under any circumstances."
(See Order Granting in Part and Denying in Part Plaintiff's
Motion for Leave to File Fourth Amended Complaint, filed June 18,
2004, at 20.) Consequently, Tutor-Saliba is no longer a party to
the above-titled action.
Rule 54(b) of the Federal Rules of Civil Procedure provides: When more than one claim for relief is presented in
an action, . . ., or when multiple parties are
involved, the court may direct the entry of a final
judgment as to one or more but fewer than all of the
claims or parties only upon an express determination
that there is no just reason for delay and upon an
express direction for entry of judgment.
Fed.R. Civ. P. 54(b). As all claims against Tutor-Saliba have
been dismissed, there is no reason to delay entry of judgment in
Accordingly, the Court hereby GRANTS Tutor-Saliba's motion for
entry of judgment in Tutor-Saliba's favor with respect to
Kinnard's claims against Tutor-Saliba only. The Clerk shall enter
judgment forthwith in accordance with this order.
This order terminates Docket No. 284.
IT IS SO ORDERED.
[EDITORS' NOTE: THIS PAGE CONTAINED "CERTIFICATE OF SERVICE".] JUDGMENT IN A CIVIL CASE
 Jury Verdict. This action came before the Court for a
trial by jury. The issues have been tried and the jury has
rendered its verdict.
[X] Decision by Court. This action came to trial or hearing
before the Court. The issues have been tried or heard and a
decision has been rendered.
IT IS ORDERED AND ADJUDGED the Court hereby GRANTS
Tutor-Saliba's motion for entry of judgment in Tutor-Saliba's
favor with respect to Kinnard's claims against Tutor-Saliba only.
© 1992-2004 VersusLaw Inc.