Martinez et al v. Aero Caribbean et al

Filing 83

RULE 54(b) CERTIFICATE. Signed by Judge Alsup on 6/2/2014. (whalc2, COURT STAFF) (Filed on 6/2/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LORENZO MENDOZA MARTINEZ,
ELIU MENDOZA, ELIEZER MENDOZA
MARTINEZ, and GLORIA MARTINEZ
MONTES,

No. C 11-03194 WHA

United States District Court
For the Northern District of California

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Plaintiffs,
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v.

RULE 54(b) CERTIFICATE

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AERO CARIBBEAN, EMPRESA
AEROCARIBBEAN S.A., CUBANA DE
AVIACION S.A., and AVIONS DE
TRANSPORT REGIONAL,

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Defendants.

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/
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On April 20, 2012, an order dismissed defendant Avions de Transport Regional for lack

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of personal jurisdiction (Dkt. No. 48). Judgment was entered in favor of ATR and against

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plaintiffs, but with the express statement that judgment was not entered as to the remaining

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defendants — Aero Carribean, Empressa Aerocarribean S.A., and Cubana de Aviacion S.A.

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Plaintiffs then filed a notice of appeal on the dismissal order only.

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Our court of appeals has since ordered a limited remand to determine whether the

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dismissal order should be certified as an appealable, final judgment under Federal Rule of Civil

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Procedure 54(b). Because ATR has been dismissed from this action as a defendant, and

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because there is no just reason for delay, this order certifies the dismissal order pursuant to Rule

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54(b).

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IT IS SO ORDERED.
Dated: June 2, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE