Abiola v. HVM, LLC et al

Filing 125

FINAL JUDGMENT ON PLAINTIFF'S FEDERAL CLAIM. Signed by Judge Joseph C. Spero on 12/12/14. (klhS, COURT STAFF) (Filed on 12/12/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MOSES OLADELE ABIOLA, Case No. 13-cv-03496-JCS Plaintiff, 8 v. FINAL JUDGMENT ON PLAINTIFF'S FEDERAL CLAIM 9 10 ESA MANAGEMENT, LLC, Defendant. United States District Court Northern District of California 11 12 13 In an order dated December 12, 2014, the Court ruled in Defendant’s favor on summary 14 judgment as to Plaintiff’s claim under the Federal Employee Retirement Income Security Act 15 (“ERISA”), which is Plaintiff’s only claim asserted under federal law. The Court further ordered 16 that the remaining state law claims would be remanded to state court for further adjudication. 17 Under Rule 54(b) of the Federal Rules of Civil Procedure, “the court may direct entry of a final 18 judgment as to one or more, but fewer than all, claims or parties only if the court expressly 19 determines that there is no just reason for delay.” Because the ERISA claim involves a different 20 theory of recovery than the state law claims, the Court finds that there is no just reason for further 21 delay in entering judgment on the ERISA claim. See Texaco. Inc. v. Ponsoldt, 939 F.2d 794, 798 22 (9th Cir.1991). 23 claim under ERISA only. 24 25 26 27 28 Therefore, the Court enters final judgment in favor of Defendant as to Plaintiff’s IT IS SO ORDERED. Dated: December 12, 2014 ______________________________________ JOSEPH C. SPERO United States Magistrate Judge

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