Eddington & Berault, APMC et al v. Gobuzzi

Filing 22

ORDER AND REASONS granting 20 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Mary Ann Vial Lemmon. (cbn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
EDDINGTON & BERAULT, APMC
AND BLAKE C. LANDRY, M.D.,
APMC

CIVIL ACTION

VERSUS

NO: 14-2837

BETSY DANNER GOBUZZI AND
ANTHONY J. GOBUZZI

SECTION: "S" (3)

ORDER AND REASONS
IT IS HEREBY ORDERED that Plaintiffs' Motion to Certify Judgment as Final Under
Federal Rule of Civil Procedure 54(b) (Doc. #20) is GRANTED, and this court's August 13, 2015,
Order and Reasons (Doc. #17) granting plaintiffs' motion for partial summary judgment is certified
as a final judgment.
BACKGROUND
This matter is before the court on Plaintiffs' Motion to Certify Judgment as Final Under
Federal Rule of Civil Procedure 54(b). Plaintiffs, Eddington & Berault, APMC, and Blake C.
Landry, M.D., APMC, professional medical corporations, move the court to certify its August 13,
2015, Order and Reasons (Doc. #17) granting plaintiffs' motion for partial summary judgment as a
final judgment under Rule 54(b) of the Federal Rules of Civil Procedure.
Defendant, Betsy Danner Gobuzzi, was the manager of plaintiffs' office in Slidell, Louisiana.
On December 14, 2014, plaintiffs filed this civil action against Betsy Gobuzzi and her husband,
Anthony J. Gobuzzi, alleging that Gobuzzi is liable for fraud and conversion, and that she and
Anthony Gobuzzi conspired to violate the Louisiana Racketeering Act, Louisiana Revised Statutes
§ 15:1353. Specifically, plaintiffs allege that in March 2012, Gobuzzi started “inflating the number
of hours she worked in varying amounts for each pay period, causing E&B’s accountant to issue

payroll checks to her in excess of the amount of compensation or pay she was entitled to receive[,]”
and that Gobuzzi’s payroll theft amounted to $30,920.13. Plaintiffs also allege that, from June 2008
onward, Gobuzzi stole $159,853.42 in cash by failing to deposit the medical practices' cash
payments into Eddington & Berault's bank accounts. Further, plaintiffs allege that, beginning in
January 2012, Gobuzzi committed check fraud by overpaying herself a total of $22,574.00 for
automobile allowances and for laundry services she never performed. In sum, plaintiffs allege that
Gobuzzi “embezzled, stole, and/or converted approximately $213,320.55 of plaintiffs’ money” for
her personal use from 2008 until her termination in 2014. Plaintiffs further allege that, to date,
Gobuzzi has not reimbursed plaintiffs for any of the stolen money.
Plaintiffs filed a motion seeking partial summary judgment on their fraud and conversion
claims against Gobuzzi. In support of their motion, plaintiffs filed affidavits of Jeanne S. Duhé,
CPA, Eddington & Berault’s outside accountant, and Dr. Robert Eddington, a director of Eddington
& Berault and Gobuzzi's direct supervisor. Duhé and Dr. Eddington attested to the facts of
Gobuzzi’s theft and explained the thousands of pages of documentation submitted as evidence.
Gobuzzi did not submit any evidence to controvert the affidavits.
The court granted plaintiffs' motion for partial summary judgment and found that Gobuzzi
committed fraud and conversion by payroll fraud, stealing cash payment, and check fraud. The court
awarded plaintiffs $211,529.80, plus judicial interest and costs. Plaintiffs's racketeering claims
against Gobuzzi and Anthony Gobuzzi are unresolved.
On September 2, 2015, plaintiffs filed the instant motion seeking an order certifying as a
final judgment this court's August 13, 2015, Order and Reasons granting their motion for partial
summary judgment. Plaintiffs argue that such certification is appropriate because the Order and

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Reasons decided claims that are distinct from the racketeering claims, and that "if this Court certifies
[the Order and Reasons] as final, Plaintiffs will probably forego pursuing their remaining claims
against Mr. Gobuzzi individually and for Defendants' violation of the Louisiana Racketeering Act
to instead attempt to collect the substantial Judgment this Court has already awarded them."
ANALYSIS
Rule 54(b) provides, in pertinent part:
when more than one claim for relief is presented in an action, whether
as a claim, counterclaim, cross-claim, or third-party claim, or when
multiple parties are involved, the court may direct the entry of a final
judgment as to one or more but fewer than all of the claims or parties
only upon an express determination that there is no just reason for
delay and upon an express direction for the entry of judgment.
“One of the primary policies behind requiring a justification for Rule 54(b) certification is to avoid
piecemeal appeals." PYCA Industries, Inc. v. Harrison County Waste Water, 81 F.3d 1412, 1421
(5th Cir.1996). “A district court should grant certification only when there exists some danger of
hardship or injustice through delay which would be alleviated by immediate appeal.” Id. The
threshold inquiry for the court is whether "there is no just reason for delay," a determining that is
within the sound discretion of the district court. See Ackerman v. FDIC, 973 F.2d 1221, 1224 (5th
Cir. 1992). In deciding whether there is no just reason for delay, the district court has a duty to
weigh “the inconvenience and costs of piecemeal review on the one hand and the danger of denying
justice by delay on the other.” Road Sprinkler Fitters Local Union v. Continental Sprinkler Co., 967
F.2d 145, 148 (5th Cir.1992) (citation omitted).
This court finds that there is no just reason for delaying entry of a final judgment of the
court’s August 13, 2015, Order and Reasons (Doc. #17) granting plaintiffs' motion for partial
summary judgment on its fraud and conversion claims against Gobuzzi. Those claims are distinct
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form the racketeering claims against Gobuzzi and Anthony Gobuzzi. Further, this certification may
expedite the conclusion of this litigation, because plaintiffs have indicated that they may forego
pursuing their racketeering claims. Thus, plaintiffs' motion for entry of judgment is GRANTED.
CONCLUSION
IT IS HEREBY ORDERED that Plaintiffs' Motion to Certify Judgment as Final Under
Federal Rule of Civil Procedure 54(b) (Doc. #20) is GRANTED, and this court's August 13, 2015,
Order and Reasons (Doc. #17) granting plaintiffs' motion for partial summary judgment is certified
as a final judgment.

16th
New Orleans, Louisiana, this ______ day of September, 2015.

______________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE

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