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Senator Edward Kennedy — Part 26
Page 98
98 / 147
Or Te OEY OA AAA SN ee mL, - 1 9 -
(4)
WHETHER, This Appeal should be reversed,because deliberate
failure of district judge,William D.Stiehl to adhere to Rule
58 Fed.R.Civ.P.,Requiring all final orders/judgments on a se-
parate Document,which judge,Stiehl refused to do,by. Dismiss~
ing three(3) P-A-I-D Complaint(S) With-Prejudice on one Doc-
ument,Without findings of fact and conclusions of law,and pri-
or to Clerk issuing Summonses and Defendants served with summ-
ons and copy of Complaint ?
Rule 58 sets the procedural ‘by which the district court ente-
r's judgments on its docket records.the date a judgment is
"entered" on the docket,the time for making post-trial. motio-
ns,for taking appeal,and executing on relief awarded,on a sep-
arate document by either the court or clerk,The judgment Must
be set forth separately from any judicial opinion or memora-
ndum,and Must be labeled "Judgment" or in some other manner,
confirm that the paper represents the court's judgment.See
Axel Johnson,Inc.vs.Arthur Anderson & Co-, 6 F 3a 78 at 84,
(2a Cir.1993,noting separateness requirement.These requirem-
ents are intended to create a "Bright Line" for the litigants
‘and the courts in determining when the district court's order
is final,and thus, when the period for appeal begins.See Morr-
is vs.City of Hobart, 39 F 3d 1105 at 1110(10th Cir.1994),cert
denied __US___,115 S Ct 1960,131 L Ed 2d 852(1995); Virgo vs.
Rivera Beach Associate, 30 F 3d 1350 at 1356(1l1lth Cir.1994).
The Court's must satisfy the Rule,judgment must appear on a
‘document that is separate and distinct from the opinion expl-
s ~ sae wecere
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