Levy Gardens Partners 2007, LP et al v. Rainwater et al

Filing 38

ORDER & REASONS denying 35 Motion for Judgment as a Matter of Law, with the right to re-urge the motion once the cross claims have been resolved. FURTHER ORDERED: First NBC Bank shall complete service on its cross claims within 15 days of entry of this Order and Reasons. Signed by Judge Kurt D. Engelhardt on 10/3/2012. (mmm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

LEVY GARDENS PARTNERS 2007, LP,
ET AL.

CIVIL ACTION

VERSUS

NO. 12-1340

COMMISSIONER OF ADMINISTRATION
PAUL W. RAINWATER, ET AL

SECTION “N” (2)

ORDER AND REASONS
Before the Court is “Plaintiffs’ Motion for Entry of Final Judgment Regarding the
Dismissal by the Court of All Plaintiffs’ Actions and Claims Against Lewis Title Co., Inc., First
NBC Bank, and the Louisiana Office of Community Development” (Rec. Doc. 35). The Court
has reviewed the motion and supporting memorandum, the response thereto filed by defendants
Commonwealth Land Title Insurance Co. (“Commonwealth”) and Lewis Title Co., Inc. (Rec. Doc.
37), and the plaintiffs’ Notice of Voluntary Dismissal as to Defendants Commonwealth, Paul
Rainwater, James Donelon, and the Louisiana Housing Finance Authority (Rec. Doc. 34).
The plaintiffs, as well as Commonwealth and Lewis Title, argue that entry of final judgment
is appropriate given that the Court has dismissed with prejudice the plaintiffs’ claims against three
defendants (see Rec. Doc. 33) and the plaintiffs have voluntarily dismissed their claims against the
remaining defendants (Rec. Doc. 34). However, there remain the cross claims of First NBC Bank
against Commonwealth and Lewis Title (see Rec. Doc. 1-16). Rule 54(b) is clear that any order that
adjudicates fewer than all claims does not end the action. Fed. R. Civ. P. 54(b). In such cases, the
Court may direct entry of final judgment as to fewer than all claims “only if ” the Court expressly

determines that there exists no just reason for delay. Id. No basis for a Rule 54(b) partial judgment
has been offered. Although Commonwealth and Lewis Title suggest that the Court should disregard
the cross claims on grounds that they had not been served at the time of the Court’s earlier ruling,
no party has cited any law that would permit the Court to disregard a claim for purposes of Rule
54(b) merely because proper service has not yet been achieved. Accordingly, based upon the record
presented,
IT IS ORDERED that the Plaintiffs’ Motion for Entry of Final Judgment (Rec. Doc. 35) is
DENIED WITHOUT PREJUDICE to the right to re-urge the motion once the cross claims have
been resolved.
Based upon the Court’s review of the record, it appears that First NBC Bank’s time for
completing service on its cross claims expired on September 7, 2012. See Fed. R. Civ. P. 4(m).
Accordingly,
IT IS FURTHER ORDERED that First NBC Bank shall complete service on its cross
claims within 15 days of entry of this Order and Reasons. If First NBC Bank fails to do so, the
Court will dismiss the cross claims without further notice.
New Orleans, Louisiana, this 3rd day of October, 2012.

_______________________________
KURT D. ENGELHARDT
United States District Judge

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