Scalia v. County of Kern et al

Filing 87

ORDER RE: REQUEST FOR ENTRY OF JUDGMENT BY DEFENDANT KERN COUNTY HOSPITAL AUTHORITY signed by Chief Judge Lawrence J. O'Neill on October 22, 2019. (ECF No. 85)(Munoz, I)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN SCALIA, individually and as successorin-interest of Decedent KIMBERLY
MORRISSEY-SCALIA,

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ORDER RE: REQUEST FOR ENTRY
OF JUDGMENT BY DEFENDANT
KERN COUNTY HOSPITAL
AUTHORITY

Plaintiff,

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1:17-cv-01097-LJO-SKO

v.
COUNTY OF KERN, et al.,

(ECF No. 85)

Defendants.

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On October 21, 2019, a proposed order for judgment was submitted by Defendant Kern County

15 Hospital Authority. See ECF No. 85. As summary judgment has already been granted in favor of
16 Defendant Kern County Hospital Authority, that defendant has been terminated. See ECF No. 75.
17 Accordingly, the recently filed proposed order appears to be a request for entry of separate judgment as
18 to those defendants under Federal Rule of Civil Procedure 54(b). However, concerns about judicial
19 economy counsel that Rule 54(b) should be used sparingly. See Curtiss-Wright Corp. v. Gen. Elec. Co.,
20 446 U.S. 1, 10 ((1980) (“Plainly, sound judicial administration does not require that Rule 54(b) requests
21 be granted routinely.”); Morrison-Knudsen Co. v. Archer, 655 F.2d 962, 965 (9th Cir. 1981) (directing
22 that Rule 54(b) be “reserved for the unusual case in which the costs and risks of multiplying the number
23 of proceedings and of overcrowding the appellate docket are outbalanced by pressing needs of the
24 litigants for an early and separate judgment as to some claims or parties”). Because an expedited appeal
25 is an exception rather than the rule, the court should not enter judgment pursuant to Rule 54(b) absent a
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showing of hardship, injustice, or “unusual and compelling circumstances.” Morrison-Knudsen Co.,

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Inc., 655 F.2d at 966. Accordingly, the request for entry of separate judgment is DENIED WITHOUT

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PREJUDICE to its renewal accompanied by an appropriate showing.

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IT IS SO ORDERED.

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Dated:

October 22, 2019

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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