Fuhlrodt

MEMORANDUM *

Douglas Fuhlrodt appeals the dismissal and summary judgment of his contract claims brought under Colorado law. The relevant facts are known to the parties and are discussed here only briefly and as necessary. We review de novo both a dismissal for failure to state a claim, Transmission Agency of N. Cal. v. Sierra Pac. Power Co., 295 F.3d 918, 927-28 (9th Cir. 2002), and the grant of summary judgment, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), and we affirm.

As an initial matter, we conclude that the judgment appealed from is final in light of the parties’ stipulation to dismiss Fuhlrodt’s claim under Colorado Revised Statute § 12-66-103. See Am. States Ins. Co. v. Dastar Corp., 318 F.3d 881 , 885 (9th Cir.2003); Dannenberg v. Software Toolworks, Inc., 16 F.3d 1073, 1074 (9th Cir. 1994). The parties represent that though labeled a separate claim for relief, Fuhlrodt’s claim invoking section 12-66-103 merely enhances damages obtainable under other claims and thus the claim is entirely dependent on claims fully disposed of by the district court. See Dastar Corp., 318 F.3d at 890; Horn v. Berdon, Inc. Defined Benefit Pension Plan, 938 F.2d 125 , 126 n. 1 (9th…