Parks v. Terrebonne Parish Consolidated Government et al

Filing 71

ORDER AND REASONS granting 69 Motion for Entry of Judgment under Rule 54(b); granting 70 Motion for Entry of Judgment under Rule 54(b). The Court's February 22, 2017 and March 17, 2017 Orders and Reasons are hereby certified as final judgments for purposes of appeal under Rule 54(b). Signed by Judge Martin L.C. Feldman on 6/15/2017. (clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TERRY ALLEN PARKS

CIVIL ACTION

v.

NO. 16-15466

TERREBONNE PARISH
CONSOLIDATED GOVERNMENT, ET AL.

SECTION "F"

ORDER AND REASONS

Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition to a motion be filed eight days prior
to the noticed submission date.

No memoranda in opposition to the

motions for entry of judgment under Rule 54(b) filed by Alere
Toxicology Services, Inc. and by Terrebonne Parish Consolidated
Government

and

Multi-Management

Services,

Inc.,

has

been

submitted.
Accordingly, because the motions are unopposed, and further,
it appearing to the Court that the motions have merit, 1 IT IS

The Court finds that its February 22, 2017 and March 17, 2017
Orders and Reasons should be certified as final judgments for the
purposes of appeal pursuant to Rule 54(b) of the Federal Rules of
Civil Procedure because the decisions are final with respect to
the claims at issue and there is no just reason for delay. There
is no just reason for delay because the Orders and Reasons resolved
all claims against MMSI and Alere, as well as one distinct claim
1
1

ORDERED: that the motions for entry of judgment under Rule 54(b)
are hereby GRANTED as unopposed.

The Court’s February 22, 2017

and March 17, 2017 Orders and Reasons are hereby certified as final
judgments for purposes of appeal under Rule 54(b).

New Orleans, Louisiana, June 15, 2017

_____________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

against TPCG; the plaintiff’s Section 1983 claims based on an
alleged Fourth Amendment violation due to drug testing policy and
administration were dismissed as to each defendant.
Only the
plaintiff’s Section 1983 claim based on TPCG’s alleged Fourteenth
Amendment violation bearing on the plaintiff’s termination of
employment without due process remains pending; that claim is
sufficiently segregable from the Fourth Amendment based claims
dismissed on February 22 and March 17, 2017.
Judicial
administrative interests and equities involved weigh in favor of
certifying this Court’s February 22, 2017 and March 17, 2017 Orders
and Reasons as final judgments. The plaintiff advances no argument
as to why certification should not issue.
2