Cook v. Kendle et al

Filing 22

ORDER granting 21 Defendants' Motion for Amended Order and Final Appealable Order. Signed by Judge George C. Smith on 10/29/18. (sem)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JASON A. COOK
Case No.: 2:18-cv-57
Judge George C. Smith
Magistrate Judge Chelsey M. Vascura

Plaintiff,
v.
MICHAEL J. KENDLE, et al.,
Defendants.

ORDER
This matter is before the Court upon the Motion of Defendants Auto-Owners Mutual
Insurance Company and Michael J. Kendle (“Defendants”) for Amended Order and Final
Appealable Order (Doc. 21).
On September 20, 2018, Magistrate Judge Vascura dismissed all of Plaintiff’s claims
against Defendants with prejudice and remanded the remaining state-law cross-claim by AutoOwners Mutual Insurance Company against Michael Kendle. (Doc. 20). Defendants ask the Court
to amend the September 20, 2018 Order to state that it is a final appealable order as there is no just
reason for delay. The Court finds that, after consideration of all relevant factors as provided by
the Sixth Circuit Court of Appeals in Corrosioneering, Inc. v. Thyssen Envtl. Sys., Inc., 807 F.2d
1279, 1282 (6th Cir. 1986), all factors weigh in favor of certification under Rule 54(b), and there
is no just reason for delay of appellate review.
Based on the above, the Defendants’ Motion for Amended Order and Final Appealable
Order is hereby GRANTED. The Clerk shall enter final judgment in favor of Defendants on
Plaintiffs’ claims.

IT IS SO ORDERED.
s/ George C. Smith
_
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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