Lehr et al v. Perri Electric, Inc., et al

Filing 85

ORDER signed by Senior Judge William B. Shubb on 7/22/2019: Plaintiffs' Motion for Entry of Final Judgment, Or, In the Alternative, Motion for Certification of an Interlocutory Appeal 72 is DENIED. Before 8/5/2019, plaintiffs shall (1) requ est and receive an entry of default from the Clerk of Court as to defendants Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund and move for default judgment as to these defendants OR (2) enter into a stipulatio n with an attorney representing Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund that resolves plaintiffs' claims against those defendants. This matter is set for further Status Conference on 8/5/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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PAUL LEHR and COLLEEN LEHR,
Plaintiffs,

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No. 2:17-cv-1188 WBS AC

v.

ORDER

FRANK M. PERRI; PERRI ELECTRIC,
INC., a California Corporation;
PERRI ELECTRIC INC. PROFIT
SHARING PLAN; PERRI ELECTRIC
INC. PROFIT SHARING TRUST FUND;
and DOES 1-50,
Defendants.

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For the reasons stated at the hearing on July 22, 2019,

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the court finds that entry of final judgment under Federal Rule

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of Civil Procedure 54(b) is inappropriate given the court’s

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interest in a timely resolution of this matter.

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Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 8 (1980) (stating

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that “a district court must take into account judicial

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administrative interests as well as the equities involved”).
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See Curtiss-

The

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court further finds that an interlocutory appeal of this court’s

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order on summary judgment (Docket No. 56) would not materially

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advance the ultimate termination of this litigation nor would it

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avoid protracted and expensive litigation.

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1292(b); U.S. Rubber Co. v. Wright, 359 F.2d 784, 785 (9th Cir.

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1966).

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See 28 U.S.C. §

Accordingly, plaintiffs’ Motion for Entry of Final

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Judgment, Or, In the Alternative, Motion for Certification of an

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Interlocutory Appeal (Docket No. 72) is DENIED.

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Before August 5, 2019, plaintiffs shall (1) request and

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receive an entry of default from the Clerk of Court as to

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defendants Perri Electric Inc. Profit Sharing Plan and Perri

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Electric Inc. Profit Sharing Trust Fund and move for default

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judgment as to these defendants OR (2) enter into a stipulation

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with an attorney representing Perri Electric Inc. Profit Sharing

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Plan and Perri Electric Inc. Profit Sharing Trust Fund that

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resolves plaintiffs’ claims against those defendants.

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This matter is set for further status conference on
August 5, 2019 at 1:30 p.m. in Courtroom 5.

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IT IS SO ORDERED.
Dated:

July 22, 2019

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