Opinion
Civil Action No. 08-cv-02269-LTB-BNB.
September 16, 2009
ORDER
This matter is before me on the Motion of the Plaintiff for Entry of Final Judgment under Fed.R.Civ.P. 54(b) as to Defendant Rhea Babcock (Doc 161). Plaintiff separately filed his "Motion for Appeal to be Held in Abeyance" (Doc 160). Defendant Babcock has filed Response to Plaintiff's Request for Rule 54(b) Certification.
As noted in the response, Plaintiff's tort claims have been dismissed with prejudice, Plaintiff's claims for equitable relief with respect to the constitutional claims have been dismissed without prejudice and the constitutional claims have been stayed until a pending state proceeding is final (Doc 154). Plaintiff's request for Rule 54(b) Certification seeks only review of the order staying his § 1983 claims. Numerous other defendants remain and numerous other motions to dismiss have been filed and are awaiting resolution.
I conclude that a Rule 54(b) Certification will necessarily result in piecemeal litigation in this multi-defendant action. I cannot conclude that there is no just reason for delay and that Rule 54(b) Certification is appropriate in this case.
The Motion for Appeal to be Held in Abeyance appears to be premature as not Rule 54(b) Certification will enter. Accordingly
IT IS ORDERED that Plaintiff's Motion for Rule 54(b) Certification (Doc 161) is DENIED.
IT IS FURTHER ORDERED that Plaintiff's Motion for Appeal to be Held in Abeyance (Doc 160) is DENIED WITHOUT PREJUDICE.