CHRISTMAS v. HARRIS COUNTY GEORGIA et al
ORDER vacating 44 Order on Motion for Entry of Judgment under Rule 54(b). Ordered by US DISTRICT JUDGE CLAY D. LAND on 3/31/2021 (tlf).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
THOMAS CARL PIERSON,
CASE NO. 4:19-CV-53 (CDL)
O R D E R
against Sheriff Robert Michael Jolley and Defendant Thomas Carl
Pierson, and all state law claims against Sheriff Jolley in his
Order on Mot. to Dismiss, ECF No. 15.
Based on that ruling, the Court terminated Harris County as a
judgment motion of Sheriff Jolley based on qualified immunity
and terminated the Sheriff as a party.
Order Granting Mot. for
individual capacity claims against Defendant Pierson.
The parties filed a consent motion for entry of judgment
under Federal Rule of Civil Procedure 54(b), which the Court
denied in a text order.
Text Order (Jan. 21, 2021), ECF No. 44.
Upon further reflection, the Court reconsiders its decision to
vacates its text order denying the consent motion for entry of
judgment under Rule 54(b) and issues this order certifying its
judgment for immediate appeal.
Rule 54(b) permits the Court to direct entry of a final
parties only if the court expressly determines that there is no
just reason for delay.”
The Court recognizes that the Eleventh
Circuit has cautioned that
certifications must be
reserved for “unusual” cases where the litigants’ pressing need
for an early and separate judgment outbalances the costs and
risks of overcrowding the appellate docket.
Ebrahimi v. City of
Huntsville Bd. of Educ., 114 F.3d 162, 166 (11th Cir. 1997).
The Court finds that this is such a case.
County Sheriff, and all
The order on the
state law claims
Based on those two orders, all parties except Defendant
Pierson in his individual capacity have been terminated from the
Thus, the order on the motion to dismiss and the summary
judgment order together constitute a final judgment eligible for
certification under Rule 54(b).
The remaining question is whether there is any just reason
interests and the equities involved, there is not.
for which final judgment is sought are completely separable from
claims already determined is such that no appellate court will
have to decide the same issues more than once even if there were
a subsequent appeal after the individual capacity claims against
Court concludes that there is no just reason for delaying the
certification of its dismissal order (ECF No. 15) together with
its summary judgment order (ECF No. 38) as final pursuant to
Because there is no just reason for delay, the Clerk is
hereby ORDERED to enter final judgment as to Harris County and
Sheriff Robert Michael Jolley based on the Court’s orders on the
motion to dismiss and the motion for summary judgment.
IT IS SO ORDERED, this 31st day of March, 2021.
S/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
The Court previously concluded that it could not find “no just reason
for delay” because the remaining claims against Defendant Pierson were
scheduled to be tried during an upcoming trial term, so the Court did
not anticipate a lengthy delay in the trial and thus the entry of
That trial term has been delayed due to COVID-19
concerns, and the Court finds that judicial economy favors Rule 54(b)
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