Opinion
CIVIL CASE NO. 04-40132, CIVIL CASE NO. 06-12311.
January 26, 2009
ORDER GRANTING PLAINTIFFS' MOTION FOR RULE 54(b) CERTIFICATION AS TO THE INDIVIDUAL CLAIMS OF PLAINTIFF ANTHONY JONES
On October 7, 2008, the Court issued an order and a partial judgment in which the Court granted summary judgment in favor of Defendant with respect to the claims brought by Plaintiff Anthony Jones and dismissed Plaintiff Anthony Jones's claims with prejudice. Now before the Court is Plaintiffs' motion for Rule 54(b) certification as to the individual claims of Plaintiff Anthony Jones. Plaintiffs request that the Court direct entry of final judgment as to Plaintiff Anthony Jones's individual claims and grant Rule 54(b) certification for appeal of the Court's October 7, 2008 orders. This motion is unopposed.
Having reviewed Plaintiffs' motion and the circumstances of this case, the Court finds that the issues have been adequately presented by the parties' submissions and that an oral hearing is not necessary to resolve this motion. See E.D. Mich. Local Rule 7.1(e)(2). After review of the motion, the Court concludes that Plaintiffs' request has merit. There is no just reason for delay and the partial judgment against Plaintiff Anthony Jones should be considered a final judgment. See Fed.R.Civ.P. 54(b).
ACCORDINGLY, IT IS HEREBY ORDERED that Plaintiff Anthony Jones's motion for Rule 54(b) certification [docket entry #563] is GRANTED. This Court's October 7, 2008 partial judgment in favor of Defendant with respect to the claims brought by Plaintiff Anthony Jones is a final judgment with respect to these claims brought by Plaintiff Anthony Jones. Consequently, Plaintiff Anthony Jones may pursue his claims on appeal.
SO ORDERED.