Fisher v. MJ Christensen Jewelers, LLC

Filing 171

ORDER. IT IS ORDERED that 168 Plaintiff Stevenson Fisher's Motion for Certification of Judgment is GRANTED. The Court declares that the judgment entered in favor of Defendant Le Vian Corp was final. Signed by Judge Richard F. Boulware, II on 12/26/2019. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 STEVENSON FISHER, 9 Plaintiff, 10 11 Case No. 2:15-cv-00358-RFB-NJK ORDER v. MJ CHRISTENSEN JEWELERS, LLC, et al., 12 Defendants 13 14 I. 15 Before the Court is Plaintiff Stevenson Fisher’s Motion for 54(b) Certification. ECF No. 16 INTRODUCTION 168. For the following reasons, the Court grants the motion. 17 II. 18 This matter was removed from state court on February 27, 2015. ECF No. 1. Fisher then 19 amended his complaint twice. ECF Nos. 11, 47. In the Second Amended Complaint, Fisher sues: 20 Le Vian; MJ Christensen Jewelers, LLC (“MJC”); LX Publications dba LX Magazines, an Illinois 21 limited liability company (“LX Magazines IL”); and LX Publications dba LX Magazines, Nevada 22 limited liability company (“LX Magazines NV”) (collectively with LX Magazines IL, “LX”). 1 23 ECF No. 47. Fisher alleges that Defendants used an automated telephone dialing system to place 24 recorded telemarketing calls to Fisher and the class members’ cell phones without express consent 25 in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq., and 26 the Nevada Deceptive Trade Practices Act (“NDTPA”), Chapter 598 of the Nevada Revised PROCEDURAL BACKGROUND 27 28 1 35, 70. The Clerk of the Court entered default judgment against the LX Defendants. ECF Nos. 1 Statutes (“NRS”). The Court granted class certification on September 30, 2017. ECF Nos. 141, 2 143. 3 After Le Vian’s initial Motion for Summary Judgment was denied without prejudice, Le 4 Vian filed a Renewed Motion for Summary Judgment on May 7, 2018. ECF No. 144. The Court 5 held oral argument on the motion on January 10, 2019. ECF No. 155. The Court granted the 6 motion on May 24, 2019. 7 III. DISCUSSION 8 Plaintiff seeks a certification from this Court that the Order entered on May 24, 2019 was 9 final pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. The May 24, 2019 order 10 granted summary judgment to Defendant Le Vian Corp on February 19, 2019. The order 11 terminated Defendant Le Vian Corp ’s participation from this case, but Le Vian Corp has not yet 12 sought certification from this Court that the judgment issued in the case was final. 13 Rule 54(b) provides that “[w]hen an action presents more than one claim for relief . . . or 14 when multiple parties are involved, the court may direct entry of a final judgment as to one or 15 more, but fewer than all, claims or parties only if the court expressly determines that there is no 16 just reason for delay.” Fed. R. Civ. P. 54(b). 17 In this case, the Court entered judgment in favor of Defendant Le Vian Corp, but there is 18 one remaining defendant in the case, MJ Christensen Jewelers. Both defendants have submitted 19 their non-opposition to Plaintiff’s motion. In light of this non-opposition, the Court finds that there 20 is no just reason for delay and will certify that the judgment entered on May 24, 2019 in favor of 21 Le Vian Corp was final. 22 IV. 23 IT IS THEREFORE ORDERED that Plaintiff Stevenson Fisher’s Motion for 24 Certification of Judgment (ECF No. 168) is GRANTED. The Court declares that the judgment 25 entered in favor of Defendant Le Vian Corp was final. 26 CONCLUSION DATED: December 26, 2019. __________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 27 28 -2-

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