Regions Bank v. Kaplan et al

Filing 813

ORDER denying without prejudice 759 motion for entry of judgment under Rule 54(b); denying without prejudice 760 motion for entry of judgment under Rule 54(b). Signed by Judge Elizabeth A. Kovachevich on 3/31/2017. (JM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
REGIONS BANK, an Alabama
banking corporation,
Plaintiff,
v.

CASE NO. 8:12-CV-1837-T-17MAP

MARVIN I. KAPLAN, an
individual, et al.,
Defendants.
/
ORDER
This cause is before the Court on:
Dkt. 759
Dkt. 760

Motion for Entry of Judgment Under Rule 54(b) (Wells Fargo, N.A.)
Motion for Entry of Judgment Under Rule 54(b) (Bridgeview Bank
Group)

Counterclaim/Crossclaim Defendants Wells Fargo, N.A. and Bridgeview Bank
Group request that the Court direct the Clerk to enter a Final Judgment on all claims of
Marvin I. Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC and
BNK Smith, LLC (“Kaplan Parties”) in the Amended Counterclaim/Crossclaim (Dkt. 93),
pursuant to Fed. R. Civ. P. 54(b).

The Court previously entered Orders resolving the claims of the Kaplan Parties
in the Amended Counterclaim/Crossclaim in favor of Wells Fargo, N.A. (Dkt. 656) and
Bridgeview Bank Group (Dkt. 655).
Fed. R. Civ. P. 54(b) provides:

Case No. 8:12-CV-1837-T-17MAP

(b) Judgment on Multiple Claims or Involving Multiple Parties. When an
action presents more than one claim for relief-whether as a claim,
counterclaim, crossclaim, or third-party claim--or when multiple parties are
involved, the court may direct entry of a final judgment as to one or more,
but fewer than all, claims or parties only if the court expressly determines
that there is no just reason for delay. Otherwise, any order or other
decision, however designated, that adjudicates fewer than all the claims
or the rights and liabilities of fewer than all the parties does not end the
action as to any of the claims or parties and may be revised at any time
before the entry of a judgment adjudicating all the claims and all the
parties' rights and liabilities.

Given the multiple claims and multiple parties, and the current posture of this
case, the Court finds it would be prudent for final judgments disposing of all pending
claims to be entered at the same time. The Court conducted a bench trial in May, 2016
as to pending claims asserted by Regions Bank against Kaplan Parties. The Court will
direct entry of judgment on the claims against Wells Fargo, N.A. and Bridgeview Bank
Group upon entry of the opinion on the bench trial. Accordingly, it is

ORDERED that the Motions for Entry of Judgment Under Rule 54(b) (Dkts. 759,
760) are denied without prejudice.
DONE and ORDERED in Chambers in Tampa, Florida on th is t^ /j% a y of
March, 2017.

Copies to:
All parties and counsel of record
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