Williams v. Alabama Department of Corrections et al
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 11/13/14. (SAC )
2014 Nov-13 AM 10:41
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ALABAMA DEPARTMENT OF
CORRECTIONS, et al,
Case No.: 4:12-cv-4043-KOB
This matter comes before the court on the "Plaintiff's Motion Pursuant to Federal Rule of
Civil Procedure 54(b)." (Doc. 139; Doc. 140). Plaintiff Orlando Williams, proceeding pro se,
sued Defendants Alabama Department of Corrections ("ADOC"), Carter F. Davenport,
Kimberley Weary, James Marsh, Robert Simmons, and William Northcutt. (Doc. 37). Williams
brought claims under Title VII, the Americans with Disabilities Act ("ADA"), and 42 U.S.C. §
1983, claiming that the Defendants discriminated against him on the basis of his race and
disability and retaliated against him. The court granted partial summary judgment to the
Defendants on Williams' disparate treatment claim in Count I of his complaint, and all of Counts
II, III, IV, V, and VI of his complaint ("the summary judgment order"). (Doc. 107; Doc. 108).
The court subsequently denied Williams' motion to alter or amend the summary judgment order
("the Rule 59(e) order"). (Doc. 125). Williams only remaining claim for trial is a failure to
accommodate claim under the ADA the court found implicit in Count I of his complaint. (Doc.
107; Doc. 108).
Williams now asks the court to certify the two orders as appealable final judgments under
Rule 54(b). Alternatively, Williams asks the court to recommend the grant of an interlocutory
appeal to the Eleventh Circuit under 28 U.S.C. § 1292(b).
Courts do not often allow parties to appeal cases in pieces because cases are much easier
to manage when all issues stay before one court rather than moving up and down on appeal
independently. This practice helps the court run more efficiently and preserves judicial economy.
Therefore, only a final judgment or a discrete category of interlocutory orders may be appealed to
the Eleventh Circuit. For the reasons discussed below, the court's summary judgment order,
(Doc. 107; Doc. 108), and the court's Rule 59(e) order, (Doc. 125), are not yet appealable.
Rule 54(b) Final Judgment
Williams asks the court "for certification of final order" for the summary judgment and
Rule 59(e) orders. Essentially, Williams requests that the court enter a final judgment under Rule
54(b) for the dismissed claims so that Williams can immediately appeal the dismissal of those
claims.1 The court declines to enter a final judgment at this time.
Generally, a party can only appeal a final order. "The courts of appeals . . . shall have
jurisdiction of appeals from all final decisions of the district courts." 28 U.S.C. § 1291. "[A]
decision is not final, ordinarily, unless it ends the litigation on the merits and leaves nothing for
the court to do but execute the judgment." Cunningham v. Hamilton Cnty., Ohio, 527 U.S. 198,
"[T]he Supreme Court has interpreted the term 'final decision' in § 1291 to permit
Williams has already attempted to appeal the dismissal of his claims once. (Doc. 126).
The Eleventh Circuit denied his appeal for lack of jurisdiction. (Doc. 131).
jurisdiction over appeals from a small category of orders that do not terminate the litigation."
W.R. Huff Asset Mgmt. Co. v. Kohlberg, Kravis, Roberts & Co., L.P., 566 F.3d 979, 984 (11th
Cir. 2009). "That small category includes only decisions  that are conclusive,  that resolve
important questions separate from the merits, and  that are effectively unreviewable on appeal
from the final judgment in the underlying action." Id. This test is called the collateral order
doctrine. Here, the court's summary judgment order and Rule 59(e) order are not appealable
under the collateral order doctrine because they do not resolve important questions separate from
the merits and are reviewable on appeal from a final judgment.
Further, the court's orders are not "final decisions" under 28 U.S.C. § 1291 because not all
of Williams' claims are dismissed and factual and credibility determinations remain to be
addressed at trial on the remaining ADA claim. "Ordinarily . . . an order adjudicating fewer than
all the claims in a suit, or adjudicating the rights and liabilities of fewer than all the parties, is not
a final judgment from which an appeal may be taken." Lloyd Noland Found., Inc. v. Tenet Health
Care Corp., 483 F.3d 773, 777 (11th Cir. 2007). However, a court may enter a final judgment on
only part of the litigation. Under Rule 54(b), "[w]hen an action presents more than one claim for
relief--whether as a claim, counterclaim, crossclaim, or third-party claim--or when multiple
parties are involved, the court may direct entry of a final judgment as to one or more, but fewer
than all, claims or parties only if the court expressly determines that there is no just reason
for delay." (emphasis added).
A two-part test exists to determine whether a partial final judgment may properly be
certified under Rule 54(b). "First, the court must determine that its judgment is, in fact, both final
and a judgment. That is, the court's decision must be final in the sense that it is an ultimate
disposition of an individual claim entered in the course of a multiple claims action, and a
judgment in the sense that it is a decision upon a cognizable claim for relief." Lloyd Noland
Found., 483 F.3d at 777-78 (internal quotation marks omitted). "Second, having found that the
decision was a final judgment, the district court must then determine that there is no just reason
for delay in certifying it as final and immediately appealable." Id. (internal quotation marks
omitted). Here, the court finds that certification of final judgment is not appropriate for the
summary judgment order or the Rule 59(e) order.
First, the summary judgment order could be a "final judgment," but reasons to delay
certification under Rule 54(b) exist. A judgment is final when it "disposes entirely of a separable
claim or dismisses a party entirely." Lloyd Noland Found., 483 F.3d at 777-78. Williams'
complaint had six explicit claims. (Doc. 37). Count I is Williams' ADA disparate treatment
claim; Count II is Williams' Title VII race discrimination claim; Count III is Williams' ADA
retaliation claim; Court IV is Williams' § 1983 disability discrimination claim; Count V is
Williams' § 1983 race discrimination claim; and Count VI is Williams' § 1983 retaliation claim.
These dismissed claims are entirely separable from Williams' only remaining claim, his ADA
failure to accommodate claim, which the court found implicit in Count I of his complaint.
The claims are separable because "there is more than one possible recovery" available to
Williams and his asserted avenues of recovery are not "mutually exclusive, or substantially
overlap[ing]." In re Se. Banking Corp., 69 F.3d 1539, 1547 (11th Cir. 1995). This case is not like
Lloyd Noland Foundation, where the plaintiff's common law indemnification and contractual
indemnification claims were alternative theories for the same recovery. See 483 F.3d at 781.
Williams could have recovered separately for both his failure to accommodate claim and his
dismissed claims. Thus, the summary judgment order could be a final judgment as to those
However, the court does find reason for delay in certifying the summary judgment order
as final and immediately appealable. "The district court must act as a dispatcher and exercise its
discretion in certifying partial judgments in consideration of judicial administrative interests
including the historic federal policy against piecemeal appeals and the equities involved." Lloyd
Noland Found., 483 F.3d at 778. If Williams could immediately appeal the summary judgment
order, the appeal would proceed piecemeal. The same factual scenario undergirding Williams'
remaining claim, his Count I ADA failure to accommodate claim, also undergirds the dismissed
claims. If appealed, those same facts would be presented to the appellate court. Judicial economy
would be thwarted. Thus, Rule 54(b) certification is not appropriate.
Second, the Rule 59(e) order is not a final judgment. The Rule 59(e) order is not "final"
because it is not "an ultimate disposition of an individual claim entered." Lloyd Noland Found.,
483 F.3d at 777. Further, the Rule 59(e) order is not a "judgment" because it is not "a decision
upon a cognizable claim for relief." Lloyd Noland Found., 483 F.3d at 777. Rather, the Rule
59(e) order is merely a decision by the court not to revisit its final judgment on Williams'
dismissed claims. Thus, Rule 54(b) certification of the Rule 59(e) order is not appropriate.
"[T]he District Court . . . is permitted to determine, in the first instance, the appropriate
time when each 'final decision' upon 'one or more but less than all' of the claims in a multiple
claims action is ready for appeal." Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 435 (1956).
Here, the court is not ready to dispatch these orders to the Eleventh Circuit.
Williams also asks the court for a "certification of interlocutory" appeal of the court's
summary judgment order and Rule 59(e) order. Essentially, Williams asks the court to
recommend its orders as suitable for interlocutory appeal to the Eleventh Circuit under 28 U.S.C.
§ 1292(b). This section states:
When a district judge, in making in a civil action an order not otherwise
appealable under this section, shall be of the opinion that such order involves a
controlling question of law as to which there is substantial ground for difference
of opinion and that an immediate appeal from the order may materially advance
the ultimate termination of the litigation, he shall so state in writing in such order.
28 U.S.C. § 1292(b) (emphasis added).
When entering its prior orders the court did not opine that any "controlling question of
law as to which there is a substantial ground for difference of opinion" existed. Indeed, this case
does not present any such question. Nothing has changed between the time of the court's orders
and this motion. Thus, as the court has already noted, Williams has provided "no justification for
why the court should reconsider its previous ruling." (Doc. 125). This case does not involve any
real questions as to the controlling law and allowing an interlocutory appeal would delay instead
of advance the ultimate determination of the litigation.
In summary, Williams' dismissed claims are not yet appealable. The court declines to
certify the summary judgment order as a final judgment under Rule 54(b) because related factual
issues remain to be determined at trial. The court declines to certify the Rule 59(e) order as a
final judgment under Rule 54(b) because it is not a "final judgment." Finally, the court finds no
reason to revisit its prior rulings and recommend the grant of an interlocutory appeal to the
Eleventh Circuit. After trial, Williams will be free to appeal the dismissed claims and whatever
the jury decides. Therefore, the court DENIES Williams' motion.
DONE and ORDERED this 13th day of November, 2014.
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE
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