Nelson v. International Marine, L.L.C. et al

Filing 79

ORDER & REASONS granting 73 Motion for Entry of Judgment under Rule 54(b); granting 74 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Kurt D. Engelhardt on 4/28/2014. (mmm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOHN B. NELSON, JR.

CIVIL ACTION

VERSUS

NO. 13-769

INTERNATIONAL MARINE, LLC, ET AL

SECTION “N” (5)

ORDER AND REASONS
Local Rule 7.5 of the Eastern District of Louisiana requires that a memorandum in
opposition to a motion be filed eight days prior to the noticed submission date. No memorandum
in opposition to the following motions, noticed for submission on April 30, 2014, was filed:

(1)

"Motion for Entry of Rule 54(b) Final Judgment," filed
by Chevron U.S.A. Inc. (Rec. Doc. 73); and

(2)

"Motion for Entry of Rule 54(b) Final Judgment," filed
by filed by defendant Offshore Cleaning Systems, L.L.C.
(Rec. Doc. 74).

Further, the Court finds that the motions have merit. "Federal Rule of Civil Procedure
54(b) permits a district court to enter separate final judgment on any claim or counterclaim, after
making 'an express determination that there is no just reason for delay.' " Reiter v. Cooper, 507
U.S. 258, 265 (1993) (quoting Sears, Roebuck & Co. v. Mackey, 351 U.S. 427 (1956)). "This
power is largely discretionary...to be exercised in light of 'judicial administrative interests as well

as the equities involved,' and giving due weight to 'the historic federal policy against piecemeal
appeals.' " Id. (quoting Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 10 (1980))
(citations and internal quotations omitted); see also Ackerman v. F.D.I.C., 973 F.2d 1221, 1225
(5th Cir. 1992).
In this case, the Court finds that there is no just reason for delay. No party opposed the
granting of summary judgment dismissing the claims and cross-claims against these two
defendants. Thus, it is unlikely that granting final judgment on these claims will result in
piecemeal appeals.
Accordingly;
IT IS ORDERED that the above listed motions are hereby GRANTED.
New Orleans, Louisiana, this 28th day of April, 2014.

______________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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