Opinion
CIVIL ACTION NO. 03-378, SECTION "K" (1)
March 1, 2004
MINUTE ENTRY
Before the Court is defendant Sharon K. Hunter's Motion Seeking Rule 54(b) Certification, Entry of Final Judgment, and Stay of All other Matters (Rec. Doc. 20). Having reviewed the pleadings, memoranda, and relevant law, and noting that plaintiff has not filed on opposition, the Court GRANTS IN PART defendant's motion as to Rule 54(b) certification and entry of final judgment and DENIES IN PART defendant's motion as to the stay of remaining matters.
Rule 54(b) provides in pertinent part that
When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.
Fed.R.Civ.P. 54(b). In deciding to grant a Rule 54(b) judgment, the Court must determine (1) whether it is dealing with a final judgment, and (2) whether any just reason for delay exists. Briargrove Shopping Center Joint Venture v. Pilgrim Enterprises, Inc., 170 F.3d 536, 539 (5th Cir. 1999). In deciding whether any just reason for delay exists, the Court should weigh "the inconvenience and costs of piecemeal review on the one hand and the and the danger of denying justice by delay on the other." Road Sprinklers Fitters Local Union v. Continental Sprinkler Company, 967 F.2d 145, (5th Cir. 1992) (quoting Dickinson v. Petroleum Conversion Corp., 338 U.S. 507, 511, 70 S.Ct. 322, 324(1950)).
The instant matter presents a situation in which defendant Hunter has been dismissed from the lawsuit, as have defendants Stalder and Stogner. Rule 54(b) certification and the entry of final judgment will serve the interests of the judicial economy by allowing the appeal period to begin running immediately as to defendant's dismissal. Thus, this Court shall enter final judgment pursuant to Rule 54(b). The Court declines, however, to inconvenience the remaining litigants by stalling the remaining proceedings by granting a stay pending appeals. Accordingly,
IT IS ORDERED that defendant Hunter's Motion Seeking Rule 54(b) Certification, Entry of Final Judgment, and Stay of All other Matters (Rec. Doc. 20) is hereby GRANTED IN PART and DENIED IN PART.
IT IS FURTHER ORDERED that final judgment dismissing defendant Sharon K. Hunter be entered pursuant to Rule 54(b).