The opinion of the court was delivered by: Hon. Judge Robert W. Gettleman
Mag. Judge Sidney I. Schenkier
MOTION FOR ENTRY OF JUDGMENT
NOW COMES defendant, RICHARD ANDERSON, by and through his attorney, Steven B. Borkan of STELLATO & SCHWARTZ, LTD., and moves this Honorable Court pursuant to Fed. R. Civ. P. 58(d) for an entry of judgment. In support thereof, defendant states as follows:
1. On September 20, 2006, plaintiff, RAS 'CJ' a/k/a DAVID TRATT ("plaintiff"), filed an Amended Complaint naming eight defendants, including RICHARD ANDERSON ("ANDERSON").
2. On December 27, 2007, this Court ordered plaintiff's Amended Complaint dismissed without prejudice with leave to reinstate on or before April 28, 2008. See Order (December 27, 2007) (Doc. No. 131.) This Court also ordered that upon failure to file a timely motion to reinstate, that dismissal will be with prejudice and become final in all events on April 29, 2008. (Id.)
3. As of April 28, 2008, plaintiff neither moved to reinstate the Amended Complaint nor made any other filings nor in any other way indicated that he intends to prosecute this lawsuit.
4. Accordingly, pursuant to this Court's order of December 27, 2007, this lawsuit is dismissed with prejudice and finality, and defendant ANDERSON is entitled to have judgment entered on this claim pursuant to Fed. R. Civ. P. 58(d).
WHEREFORE defendant RICHARD ANDERSON prays this Court enter judgment Pursuant to Fed. R. Civ. P. 58(d) on RAS 'CJ' a/k/a DAVID TRATT's Amended Complaint.
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