Patterson v. Yazoo City, Mississippi et al
Filing
179
ORDER denying 175 Motion for Entry of Judgment under Rule 54(b) Signed by Honorable David C. Bramlette, III on 3/19/2012 (PL)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
HENRY LEWIS PATTERSON, “H.L.”
VERSUS
PLAINTIFF
CIVIL ACTION NO. 5:10-CV-00153-DCB-JMR
YAZOO CITY, MISSISSIPPI;
YAZOO COUNTY, MISSISSIPPI; and
YAZOO RECREATION COMMISSION
DEFENDANTS
OPINION AND ORDER
This cause is before the Court on Yazoo County’s Motion for
Entry of Final Judgment Under Federal Rule 54(b) [docket entry no.
175]. Having carefully considered said Motion, applicable statutory
and case law, and being otherwise fully advised in the premises,
the Court denies Yazoo County’s Motion.
The Court granted summary judgment in favor of Yazoo County
because
it
found
that
Yazoo
County
could
not
be
considered
Patterson’s employer under the ADA and ADEA. As Yazoo County is
aware, however, the issue of which entity can and cannot be
considered
Patterson’s
employer
under
the
ADA
and
ADEA
is
a
critical issue in this case and is almost certain to be addressed
should the trial verdict be appealed. Accordingly, any hardship
Yazoo County will incur in having to participate further in the
case’s
litigation
Circuit’s
is
instruction
substantially
to
avoid
outweighed
piecemeal
by
the
Fifth
appeals.
See,
e.g.,
Eldredge v. Martin Marietta Corp., 207 F.3d 737, 740 (5th Cir.
2000). Accordingly, the Court concludes that in the present case
there is just reason for delaying entry of final judgment in Yazoo
County’s favor. See Fed. R. Civ. Pro. 54(b).
IT IS THEREFORE HEREBY ORDERED that Yazoo County’s Motion for
Entry of Final Judgment [docket entry no. 175] is DENIED.
SO ORDERED this the 19th day of March 2012.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE
2
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