North American Specialty Insurance Company v. Pen Pals Productions LLC et al

Filing 120

ORDER DENYING 97 Motion Requesting Entry of Final Judgment on Order Granting Summary Judgment. Ordered by Judge Marc Thomas Treadwell on 08/08/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
NORTH AMERICAN SPECIALTY
INSURANCE COMPANY,
Plaintiff,
v.
PEN PALS PRODUCTIONS, LLC, et. al,
Defendants.

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CIVIL ACTION NO. 5:10-CV-191 (MTT)

ORDER
This matter is before the Court on Defendant NES Equipment Services
Corporation’s Motion for Entry of Final Judgment. (Doc. 97). NES seeks an entry of
default judgment pursuant to Fed. R. Civ. P. 54(b) because the issue of coverage for its
crossclaim against Pen Pals Productions, LLC in the underlying tort action is “completely
severable” from the issue of coverage for the Lamensdorf Defendants’ claims against Pen
Pals in the underlying tort action.
Pursuant to Fed. R. Civ. P. 54(b), “[w]hen an action presents more than one claim
for relief … 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.” “A district court must first determine that
it is dealing with a ‘final judgment.’” Curtiss-Wright Corp. v. General Elec. Co., 446 U.S. 1,
7 (1980). “It must be a ‘judgment’ in the sense that it is a decision upon a cognizable claim
for relief, and it must be ‘final’ in the sense that it is ‘an ultimate disposition of an individual
claim entered in the course of a multiple claims action.’” Id. (quoting Sears, Roebuck &

Co. v. Mackey, 351 U.S. 427, 436 (1956)). After a court finds finality, it must determine
whether there is any just reason for delay. Curtiss-Wright Corp., 446 U.S. at 8.
Here, the Court granted NES’ Cross-Motion for Summary Judgment to the extent it
sought a declaration that the Rental Agreement is an “insured contract.” (Doc. 95). The
Court’s determination that the Rental Agreement is an insured contract was a judgment
because it was a decision upon a cognizable claim for relief. It was final because it
ultimately disposed of the issue of whether Plaintiff North American Specialty Insurance
Company’s Commercial General Liability policy provides coverage for NES’ crossclaim.
However, the Court finds just reason for delay because the remaining issues in this action
will be brought to trial during the week of August 22, 2011, and the Court expects that all
coverage issues will be resolved shortly. Accordingly, the Motion for Entry of Final
Judgment is DENIED.
SO ORDERED, this the 8th day of August, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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