Waste Management of Louisiana, L.L.C. v. River Birch, Inc. et al

Filing 394

ORDER and REASONS denying 382 Motion to Designate Judgments as Final Pursuant to Fed. R. Civ. P. 54(b) and to Stay Proceedings Pending Appeal. Signed by Chief Judge Kurt D. Engelhardt on 11/13/2017. (cc: Chief Magistrate Judge Karen Wells Roby) (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WASTE MANAGEMENT OF LOUISIANA, LLC

CIVIL ACTION

VERSUS

NO. 11-2405

RIVER BIRCH, INC.,
HIGHWAY 90, LLC,
FREDERICK R. HEEBE and
ALBERT WARD, JR.

SECTION "N" (4)

ORDER AND REASONS
Presently before the Court is Plaintiff "Waste Management of Louisiana, LLC's
Motion to Designate Judgments as Final Pursuant to Fed. R. Civ. P. 54(b) and to Stay Proceedings
Pending Appeal" (Rec. Doc. 382). Considered in the context of the multi-year history, and present
posture of this proceeding, the Court is not convinced, on the limited showing made, that designating
the recent partial summary judgment rulings (Rec. Docs. 372 and 375) as final judgments for
purposes of immediate appeal, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, and
entry of a stay pending completion of that appeal, is warranted. As discussed in Defendants'
opposition memorandum (Rec. Doc. 386), the Court has dismissed only certain elements of damage
sought to be awarded in Plaintiff's RICO claims. It has not rejected the entirety of any claim. Nor,
in any event, is it certain that an immediate appeal would further the interests of judicial efficiency.
Rather, to the contrary, a jury verdict rejecting the existence of a RICO enterprise and/or the
conspiracy and bribery elements of Plaintiff's RICO claims seemingly would be dispositive of the

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adverse damages rulings for which Plaintiff now seeks immediate appellate review. Accordingly,
IT IS ORDERED that Plaintiff's motion (Rec. Doc. 382) be and hereby is DENIED.
New Orleans, Louisiana, this 13th day of November 2017.

_________________________________
KURT D. ENGELHARDT
United States District Judge
Clerk to Copy:
Chief Magistrate Judge Karen Wells Roby

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