Williams v. Lockheed Martin Corporation et al
ORDER: IT IS ORDERED that the 123 Motion to Request Final Judgment UnderRule 58(b)(1)(C) is GRANTED. IT IS FURTHER ORDERED that the 110 motion to Request Rule 54 Judgment is DISMISSED AS MOOT. Signed by Judge Ivan L.R. Lemelle on 3/20/2017. (Reference: All Cases)(mmv)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TARSIA WILLIAMS, ET AL.
LOCKHEED MARTIN CORPORATION, ET AL.
ORDER AND REASONS
IT IS ORDERED that the Motion to Request Final Judgment Under
Rule 58(b)(1)(C) (Rec. Doc. 123) is GRANTED. IT IS FURTHER ORDERED
that the motion to Request Rule 54 Judgment (Rec. Doc. 110) is
DISMISSED AS MOOT.
Before this Court are the parties’ “Motion to
Plaintiff’s Ex Parte/Consent Motion to Request Rule 54 Judgment”
Objection to Plaintiffs’ Ex Parte/Consent Motion to Request Rule
54 Judgement” (Rec. Doc. 120), “Motion to Request Final Judgment
(b)(1)(C)” (Rec. Doc. 126), and “Lockheed Martin Corporation’s
Joinder in Boeing Opposition to Plaintiffs’ Motion to Request Final
Judgment Under Rule 58(b)(1)(c)” (Rec. Doc. 128).
Defendants argue that this motion is improper procedurally
prejudice. In addition, the Defendants contend that seeking a final
judgment should not be accomplished through an Ex Parte motion.
This Court finds both of these arguments to be without merit.
First, the Fifth Circuit has held that “although a voluntary
dismissal without prejudice . . . does not have preclusive effect
on later claims, such a dismissal is a final judgment in the sense
that it ends the pending action.” Yesh Music v. Lakewood Church,
727 F.3d 356, 360 (5th Cir. 2013). Therefore this Court finds that
dismissed without prejudice satisfy the rule 58 requirements for
entry of a final judgment. In addition, Defendants’ contention
that Plaintiffs’ motion is procedurally improper because it is Ex
exhaustive list of what types of motions can be brought before the
controlling authority that demonstrates that final judgment should
never be entered through Ex Parte motions.
New Orleans, Louisiana, this 20th day of March, 2017.
SENIOR UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?