Hines v. California Public Utilities Commission et al

Filing 133

ORDER re 132 Denying REQUEST FOR RULE 54 JUDGMENT. Signed by Judge Claudia Wilken on 3/31/09. (scc, COURT STAFF) (Filed on 3/31/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants California State Personnel Board, Gregory Brown and Floyd Shimomura request that the Court enter partial judgment against Plaintiff on her claims against them. However, partial DONNA HINES, Plaintiff, v. CALIFORNIA PUBLIC UTILITIES COMMISSION, et al., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 07-4145 CW ORDER DENYING REQUEST FOR RULE 54 JUDGMENT

judgment may only be entered if the Court "expressly determines that there is no just reason for delay." Here, there is a just reason for delay. Fed. R. Civ. P. 54(b). Although Plaintiff's

claims against the moving Defendants have been dismissed with prejudice, any appeal taken against these Defendants would raise similar, if not identical, issues as an appeal taken against the other Defendants. Entering partial judgment would potentially

present the Ninth Circuit with two overlapping appeals in the same

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

case and would not further the efficient resolution of this litigation. Accordingly, the request (Docket No. 132) is DENIED.

IT IS SO ORDERED.

Dated: 3/31/09

CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 31, 2009 DONNA HINES, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-04145 CW CERTIFICATE OF SERVICE

CALIFORNIA PUBLIC UTILITIES COMMISSION et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 31, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Donna Hines 268 Bush Street, #3204 San Francisco, CA 94104

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk