Smith v. Barrow Neurological Institute et al

Filing 275

ORDER DENYING Banner defendants' motion for Rule 54(b) certification (doc. 241 ). Signed by Judge Frederick J Martone on 10/10/2012.(KMG)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Barrow Neurological Institute of St.)
Joseph's Hospital and Medical Center, et)
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al.,
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Defendants.
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Leanna Smith,

No. CV 10-01632-PHX-FJM
ORDER

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We have before us Banner Health System and Scott Elton, M.D.'s ("Banner

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defendants") motion for Rule 54(b) certification and notice of lodging proposed final

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judgment (doc. 241), plaintiff's response (doc. 247), and defendants' reply (doc. 257).

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Rule 54(b), Fed. R. Civ. P., provides that when more than one claim for relief is

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presented in an action, or when multiple parties are involved, the district court may enter

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final judgment as to one or more but fewer than all of the claims or parties "only if the court

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expressly determines that there is no just reason for delay." "Judgments under Rule 54(b)

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must be reserved for the unusual case in which the costs and risks of multiplying the number

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of proceedings and of overcrowding the appellate docket are outbalanced by the pressing

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needs of the litigants for an early and separate judgment as to some claims or parties." Frank

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Briscoe Co. v. Morrison-Knudsen Co., 776 F.2d 1414, 1416 (9th Cir. 1985); see also

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Gausvik v. Perez, 392 F.3d 1006, 1009, n.2 (9th Cir. 2004) ("Rule 54(b) should be used

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sparingly"). A similarity of legal or factual issues weighs heavily against entry of judgment

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under Rule 54(b), and in such cases certification is proper "only where necessary to avoid

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a harsh and unjust result." Frank Briscoe, 776 F.2d at 1416. When faced with a request for

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Rule 54(b) certification, the court should first determine whether it has rendered a final

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judgment and then, if it has, determine whether there is any just reason for delay. Wood v.

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GCC Bend, LLC, 422 F.3d 873, 877-78 (9th Cir. 2005). The second step takes into account

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the interests of sound judicial administration and the equities of the parties. Curtiss-Wright

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Corp. v. Gen. Elec. Co., 446 U.S. 1, 8, 100 S. Ct. 1460, 1465 (1980). The order granting

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summary judgment to the Banner defendants on all claims asserted against them is a final

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judgment on the merits. Wood, 422 F.3d at 879. As a result, we move to step two.

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The facts underlying the claims asserted against the Banner defendants and the

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remaining defendants are the same. Banner defendants admit that the legal theories relevant

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to plaintiff's remaining claims are the same as those addressed in our order granting them

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summary judgment (doc. 241 at 2). The appellate court would have to decide the same issues

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more than once if piecemeal appeals were allowed. Appellate resolution of the claims at

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issue would likely not facilitate settlement of the remaining claims.

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The remaining claims are not complex. Thus, there will not be a long delay before

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their resolution through summary judgment or trial. Banner defendants argue that they

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should not be required to wait to seek fees and costs, but they do not contend (and there is

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no evidence to support a contention) that a delay will prejudice them because of a threat of

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insolvency, lost interest, or the like. Cf. Curtiss-Wright, 446 U.S. at 6, 100 S. Ct. at 1464.

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Although the facts of this case are unique and frequent motions have complicated the

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docket, the case itself is not complicated. The interests of judicial administration counsel

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against certifying claims where, as here, "the facts on all claims and issues entirely overlap,

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and successive appeals are essentially inevitable." Wood, 422 F.3d at 883.

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...

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...

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IT IS ORDERED DENYING Banner defendants' motion for Rule 54(b) certification
(doc. 241).
DATED this 10th day of October, 2012.

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