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