Nguyen et al v. American Commercial Lines, Inc. et al

Filing 158

ORDER AND REASONS: IT IS ORDERED that the 156 Motion to Designate Order of the Court as a Final Judgment is DISMISSED WITHOUT PREJUDICE, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 9/5/2017. (Reference: All Cases)(jls)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHUC NGUYEN, ET AL. CIVIL ACTION NO. 11-1799 c/w 11-2705 PERTAINS TO ALL CASES VERSUS AMERICAN COMMERCIAL LINES, INC., ET AL. SECTION “B”(4) ORDER AND REASONS Considering the foregoing “Motion to Designate Order of the Court as a Final Judgment” (Rec. Doc. 156) and “Memorandum in Opposition to Motion to Designate Order of the Court as a Final Judgment Submitted on Behalf of American Commercial Lines LLC” (Rec. Doc. 157), IT IS ORDERED that the motion is DISMISSED WITHOUT PREJUDICE. Plaintiffs request designating the December 19, 2016 Order (Rec. Doc. 121) as a final judgment for purposes of appellate review pursuant to Federal Rule of Civil Procedure 54 (b). Defendant argues that the motion should be denied because of Plaintiffs’ repeated discovery misconduct and, moreover, to avoid piecemeal litigation. Federal Rule of Civil Procedure 54 (b) does not require a merit based analysis. Rule 54 (b) is appropriate “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.” Further, Rule 54(b) certification is usually given upon a showing of some danger of hardship or injustice through delay that would be remedied by immediate appeal. See Shimon v. Sewerage & Water Bd. of New Orleans, No. CIV A 05-1392, 2006 WL 2548057, at *2 (E.D. La. Sept. 1, 2006). Plaintiffs here have not presented, and the record as a whole is devoid, of grounds for finding either danger of hardship or injustice. See Dickinson v. Petroleum Conversion Corp., 338 U.S. 507, 511 (1950). New Orleans, Louisiana, this 5th day of September, 2017. ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2

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?