Filed: Oct. 18, 2016
Latest Update: Oct. 18, 2016
Summary: STIPULATION AND JOINT MOTION ROBERT C. JONES , District Judge . WHEREAS, on May 24, 2016, the Court in the above-actioned case entered an Order, ECF No. 2416, granting Defendant CenterPoint Energy Services, Inc.'s ("CES") motion for summary judgment, ECF No. 2286, in the above captioned matter. WHEREAS, on June 10, 2016, the Plaintiffs in the above captioned matter (the "Arandell Plaintiffs") filed a motion for entry of final judgment, ECF No. 2434, moving the Court to enter final judgme
Summary: STIPULATION AND JOINT MOTION ROBERT C. JONES , District Judge . WHEREAS, on May 24, 2016, the Court in the above-actioned case entered an Order, ECF No. 2416, granting Defendant CenterPoint Energy Services, Inc.'s ("CES") motion for summary judgment, ECF No. 2286, in the above captioned matter. WHEREAS, on June 10, 2016, the Plaintiffs in the above captioned matter (the "Arandell Plaintiffs") filed a motion for entry of final judgment, ECF No. 2434, moving the Court to enter final judgmen..
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STIPULATION AND JOINT MOTION
ROBERT C. JONES, District Judge.
WHEREAS, on May 24, 2016, the Court in the above-actioned case entered an Order, ECF No. 2416, granting Defendant CenterPoint Energy Services, Inc.'s ("CES") motion for summary judgment, ECF No. 2286, in the above captioned matter.
WHEREAS, on June 10, 2016, the Plaintiffs in the above captioned matter (the "Arandell Plaintiffs") filed a motion for entry of final judgment, ECF No. 2434, moving the Court to enter final judgment dismissing CES from the action so that the Arandell Plaintiffs could initiate an appeal (the "Arandell Plaintiffs' Motion for Entry of Final Judgment").
WHEREAS, on June 24, 2016, CES filed a response, ECF No. 2472, consenting to the entry of judgment and providing a form for the Court's use in entering judgment.
WHEREAS, on July 8, 2016, the Arandell Plaintiffs filed a reply brief, ECF No. 2496, in which they expressed concern that the judgment form provided by CES (1) would preclude the Arandell Plaintiffs ability to appeal by backdating the date of judgment, and (2) required greater specificity in its stated findings. The Arandell Plaintiffs offered a Proposed Judgment, ECF No. 2496-2, that addressed these concerns.
WHEREAS, on August 31, 2016, the Court entered its Order Setting Hearing, ECF No. 2559, setting several pending motions for oral argument on December 8, 2016, including the Arandell Plaintiffs' Motion for Entry of Final Judgment.
WHEREAS, CES and the Arandell Plaintiffs are in agreement that the Arandell Plaintiffs' Motion for Entry of Final Judgment should be granted and judgment entered in the form provided by the Arandell Plaintiffs, ECF No. 2496-2. For the Court's convenience, that form is resubmitted as an exhibit to this Stipulation and Joint Motion.
WHEREAS, CES and the Arandell Plaintiffs are in further agreement that, absent specific questions that the Court may have, oral argument is unnecessary
NOW THEREFORE, the parties hereby stipulate and jointly move the Court to: (1) order that Arandell Plaintiffs' Motion for Entry of Final Judgment is hereby granted; (2) enter final judgment in the form provided by the Arandell Plaintiffs in ECF No. 2496-2 and attached to this Stipulation and Joint Motion; and (3) remove the Arandell Plaintiffs' Motion for Entry of Final Judgment from the list of scheduled motions that are being heard on December 8, 2016.
IT IS THEREFOR ORDERED that the Arandell Plaintiffs' Motion for Entry of Final Judgment is hereby granted.
IT IS FURTHER ORDERED that final judgment be entered in favor of CES, in the form provided by the Arandell Plaintiffs in ECF No. 2496-2 and attached to this Stipulation and Joint Motion.
IT IS FURTHER ORDERED that arguments on the Arandell Plaintiffs' Motion for Entry of Final Judgment are no longer necessary and will no longer be held on December 8, 2016.
IT IS SO ORDERED.
