Rubalcava v. City Of San Jose et al
Filing
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ORDER DENYING 104 DEFENDANT COUNTY OF SANTA CLARA'S MOTION FOR ENTRY OF FINAL JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b); AND VACATING HEARING ON MOTION. Signed by Judge Beth Labson Freeman on 11/18/2021. (blflc1, COURT STAFF) (Filed on 11/18/2021)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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LIONEL RUBALCAVA,
Plaintiff,
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United States District Court
Northern District of California
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v.
CITY OF SAN JOSE, et al.,
Defendants.
Case No. 20-cv-04191-BLF
ORDER DENYING DEFENDANT
COUNTY OF SANTA CLARA’S
MOTION FOR ENTRY OF FINAL
JUDGMENT PURSUANT TO
FEDERAL RULE OF CIVIL
PROCEDURE 54(b); AND VACATING
HEARING ON MOTION
[Re: ECF 104]
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Defendant County of Santa Clara has filed a motion for entry of final judgment pursuant to
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Federal Rule of Civil Procedure 54(b). The motion is fully briefed, and the Court finds it to be
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suitable for decision without oral argument. See Civ. L.R. 7-1(b). The hearing currently set for
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February 24, 2022 is VACATED. The motion is DENIED as discussed below.
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On July 15, 2021, the Court issued an order dismissing all claims against the County with
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leave to amend in part. See Order, ECF 88. Plaintiff did not amend within the time provided. He
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later obtained leave to file a first amended complaint (“FAC”) to correct drafting errors and omit
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certain parties and claims dismissed by the Court. See Order Granting Leave, ECF 117. Plaintiff
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filed the FAC on November 4, 2021, omitting the County as a defendant. See FAC, ECF 118.
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Pursuant to Federal Rule of Civil Procedure 54(b), 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.” Fed. R. Civ. P. 54(b). “Not all final judgments
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on individual claims should be immediately appealable, even if they are in some sense separable
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from the remaining unresolved claims.” Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 8
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(1980). The Supreme Court has set forth a two-step process for evaluating a Rule 54(b) motion.
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See id. at 7. “A district court must first determine that it is dealing with a ‘final judgment.’” Id.
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“Once having found finality, the district court must go on to determine whether there is any just
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reason for delay.” Id. at 8.
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The Court concludes that its dismissal order satisfies the finality requirement at step one of
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the analysis. To qualify as a final judgment for purposes of Rule 54(b), the order “must be a
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‘judgment’ in the sense that it is a decision upon a cognizable claim for relief, and it must be
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‘final’ in the sense that it is an ultimate disposition of an individual claim entered in the course of
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a multiple claims action.” Curtiss-Wright, 446 U.S. at 7 (internal quotation marks and citation
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omitted). As discussed above, the Court dismissed all claims against the County, Plaintiff chose
not to amend, and Plaintiff filed a FAC omitting the County. Thus, there has been an ultimate
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United States District Court
Northern District of California
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disposition of Plaintiff’s claims against the County. Plaintiff does not argue to the contrary.
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However, the Court concludes that entry of final judgment for the County is not warranted
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at step two of the analysis. “[I]n deciding whether there are no just reasons to delay the appeal of
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individual final judgments in setting such as this, a district court must take into account judicial
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administrative interests as well as the equities involved.” Curtiss-Wright, 446 U.S. at 8.
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Consideration of judicial administration “is necessary to assure that application of the Rule
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effectively preserves the historic federal policy against piecemeal appeals.” Id. (internal quotation
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marks and citation omitted). The Ninth Court has held that “[j]udgments under Rule 54(b) must
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be reserved for the unusual case in which the costs and risks of multiplying the number of
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proceedings and of overcrowding the appellate docket are outbalanced by pressing needs of the
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litigants for an early and separate judgment as to some claims or parties.” Morrison-Knudsen Co.
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v. Archer, 655 F.2d 962, 965 (9th Cir. 1981). The County has not identified any pressing need for
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an early and separate judgment, or otherwise shown this to be one of the unusual cases in which a
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separate judgment is appropriate.
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The County’s motion for entry of final judgment under Rule 54(b) is DENIED.
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Dated: November 18, 2021
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BETH LABSON FREEMAN
United States District Judge
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