Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT MATTHEW F. KENNELLY , District Judge . Pursuant to Fed. R. Civ. P. 58(d), Plaintiffs respectfully move this Court to order the clerk of court to enter judgment in this matter. 1. On June 4, 2019, the Court signed and entered an Order Granting Final Approval of Class Action Settlement and Dismissing Class Plaintiffs' Claims (Dkt. 362). The Order states, "A Judgment substantially in the form attached hereto as Exhibit H-1 will be entered forthwith."
Summary: PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT MATTHEW F. KENNELLY , District Judge . Pursuant to Fed. R. Civ. P. 58(d), Plaintiffs respectfully move this Court to order the clerk of court to enter judgment in this matter. 1. On June 4, 2019, the Court signed and entered an Order Granting Final Approval of Class Action Settlement and Dismissing Class Plaintiffs' Claims (Dkt. 362). The Order states, "A Judgment substantially in the form attached hereto as Exhibit H-1 will be entered forthwith." (..
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PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT
MATTHEW F. KENNELLY, District Judge.
Pursuant to Fed. R. Civ. P. 58(d), Plaintiffs respectfully move this Court to order the clerk of court to enter judgment in this matter.
1. On June 4, 2019, the Court signed and entered an Order Granting Final Approval of Class Action Settlement and Dismissing Class Plaintiffs' Claims (Dkt. 362). The Order states, "A Judgment substantially in the form attached hereto as Exhibit H-1 will be entered forthwith." (Dkt. 362, ¶ 31). The proposed Judgment attached as Exhibit H-was unsigned.
2. Absent exceptions that do not apply here, Rule 58 requires that every judgment must be set out in a separate document. Fed. R. Civ. P. 58(a).
3. The ECF notice accompanying the June 4, 2019 Order provides: "ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND DISMISSING CLASS PLAINTIFFS' CLAIMS, signed by the Honorable Matthew F. Kennelly on 6/4/2019." It does not otherwise reference a judgment, and the Clerk of the Court has not since entered a judgment.
4. The transcript from the June 19, 2019 status hearing includes a discussion by and between counsel and the Court that makes it appear that everyone may be operating under the mistaken belief that a judgment has been entered in this matter and that the 30-day period to file a notice of appeal pursuant to Fed. R. App. Proc. 4(a)(1) is running and will lapse on July 5, 2019.
5. Plaintiffs bring this motion to seek clarification and entry of judgment under Rule 58(d).
For the foregoing reasons, Plaintiffs request the Court order the Court Clerk to enter the judgment in this matter.
