Eaglebank v. Yajia Hu Schwartz Revocable Trust Dated 12/12017

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Raymond P. Moore
Civil Action No. 22-cv-01762-RM-SBP
EAGLEBANK,
Plaintiff/Counterclaim Defendant;
v.
YAJIA HU SCHWARTZ, and
MARK ALAN SCHWARTZ,
Defendants/Counterclaimants;
and
TAX LIEN LAW GROUP, LLC,
Counterclaimant;
and
YAJIA HU SCHWARTZ,
Cross-Plaintiff;
v.
JAMES ADAMS,
CHRISTINA ADAMS,
MICHAEL K. HAGEMANN, and
M.K. HAGEMANN, P.C.,
Cross-Defendants;
and
JAMES ADAMS, and
CHRISTINA ADAMS,
Third-Party Plaintiffs;
v.
YAJIA HU SCHWARTZ,
MARK ALAN SCHWARTZ,
EAGLEBANK, and
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TITLE COMPANY OF THE ROCKIES, LLC;
Third-Party Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Before the Court are Cross-Defendants’ Motion to Dismiss (ECF No. 49) and Motion for
Entry of Final Judgment (ECF No. 50). Cross-Defendants have already prevailed on their
motion to dismiss the claims asserted against them in this consolidated action. (See ECF No.
47.) They now request dismissal of their counterclaims with prejudice and entry of final
judgment so that they may be freed from this lawsuit. Plaintiff EagleBank does not oppose the
Motions, and the other parties have not responded to them.
Pursuant to Fed. R. Civ. P. 54(b), “the court may direct entry of a final judgment as to
one or more, but fewer than all, claims or parties only if the court expressly determines that there
is no just reason for delay.” The Court recognizes that this case involves two separate and
distinct sets of claims and finds that there is nothing further for the Court to adjudicate with
respect to the claims relating to the purchase of the real property at the center of this dispute.
The Court further finds that there is no just reason to delay entering final judgment on these
claims.
Accordingly, the Motions (ECF Nos. 49, 50) are GRANTED, and the Clerk is directed to
enter FINAL JUDGMENT in Cross-Defendants’ favor.
DATED this 3rd day of November, 2023.
BY THE COURT:
____________________________________
RAYMOND P. MOORE
Senior United States District Judge
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