Summary
The United States District Court for the District of Idaho grants Butte County’s motion for entry of final judgment. Although the County sought dismissal without prejudice to facilitate an appeal, the court determines that dismissal with prejudice is appropriate because amendment had been allowed and finality would aid appellate jurisdiction. The court directs that a separate judgment be entered under Federal Rule of Civil Procedure 58.
Holdings
- The court held that Butte County's claims should be dismissed with prejudice rather than without prejudice.
Questions Presented
- Whether the district court should enter final judgment dismissing Butte County's claims with prejudice or without prejudice.
- Whether entry of a judgment with prejudice was the appropriate procedural means to ensure that the district court proceedings had concluded and permit an appeal.
Disposition
other
Cases Cited (3)
- WMX Technologies, Inc. v. Miller, 104 F.3d 1133 (9th Cir. 1997) (en banc)(followed)
- Elosu v. Middlefork Ranch Inc., Case No. 1:19-cv-00267, Dkt. 48(cited as procedural example)
- J.R. Simplot v. McCain Foods USA, Case No. 1:16-cv-00449, Dkt. 484(cited as procedural example)
Cited In (0)
No citing cases on record yet.
Court Document
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