Filed: Jun. 30, 2017
Latest Update: Jun. 30, 2017
Summary: JOINT MOTION FOR ENTRY OF RULE 58 FINAL JUDGMENT ANDREW P. GORDON , District Judge . Plaintiff/Relator Joanne Cretney-Tsosie ("Relator Cretney-Tsosie"), the United States of America, and Defendants Creekside Hospice II, LLC, Skilled Healthcare Group, Inc., and Skilled Healthcare, LLC ("Defendants") (collectively, the "parties"), by counsel, move for entry of an order of final judgement under Rule 58 of the Federal Rules of Civil Procedure. I. Argument On June 20, 2017, the parties submitt
Summary: JOINT MOTION FOR ENTRY OF RULE 58 FINAL JUDGMENT ANDREW P. GORDON , District Judge . Plaintiff/Relator Joanne Cretney-Tsosie ("Relator Cretney-Tsosie"), the United States of America, and Defendants Creekside Hospice II, LLC, Skilled Healthcare Group, Inc., and Skilled Healthcare, LLC ("Defendants") (collectively, the "parties"), by counsel, move for entry of an order of final judgement under Rule 58 of the Federal Rules of Civil Procedure. I. Argument On June 20, 2017, the parties submitte..
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JOINT MOTION FOR ENTRY OF RULE 58 FINAL JUDGMENT
ANDREW P. GORDON, District Judge.
Plaintiff/Relator Joanne Cretney-Tsosie ("Relator Cretney-Tsosie"), the United States of America, and Defendants Creekside Hospice II, LLC, Skilled Healthcare Group, Inc., and Skilled Healthcare, LLC ("Defendants") (collectively, the "parties"), by counsel, move for entry of an order of final judgement under Rule 58 of the Federal Rules of Civil Procedure.
I. Argument
On June 20, 2017, the parties submitted a Joint Stipulation of Dismissal, Dkt. 198, under Federal Rule of Procedure 41(a), pursuant to the June 9, 2017 Settlement Agreement executed by the United States, Relator, and Genesis Healthcare, Inc. ("the Settlement Agreement"). On June 21, 2017, this Court entered an Order of dismissal. Dkt. 200. The Court's Order of June 21, 2017 was a final resolution of all merits claims in this litigation. Id.
On June 20, 2017, Relator Cretney-Tsosie and Defendants, jointly moved to stay the deadline for Relator's petition for attorneys' fee and costs under Local Rule 54-14 pending the Court of Appeals for the Ninth Circuit resolution of Relator Veneta Lepera's appeal of this Court's March 30, 2017 Order. Dkt. 198. On June 22, 2017, this Court granted the motion to stay. Dkt. 201.
The parties now request that this Court enter an order of final judgment pursuant to Federal Rule of Civil Procedure Rule 58. Rule 58(a) provides that "every judgment . . . must be set out in a separate document," subject to exceptions not applicable here. Under Rule 58(d) a "party may request that judgment be set out in a separate document as required by Rule 58(a). Entry of a final judgment shall not affect this Court's limited retention of jurisdiction, as set forth in this Court's June 21, 2017 Order (Dkt. 200), or the stay of the deadline for Relator Cretney-Tsosie to file a petition for attorney's fees and costs, as set forth in this Court's June 22, 2017 Order (Dkt. 201). WHEREFORE, Relator Cretney-Tsosie, the United States of America, and Defendants move this Honorable Court to:
A. Order a final judgment be entered as a separate document under Rule 58;
B. Award any other relief the Court deems proper.
IT IS SO ORDERED.
