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)

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

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