STERRETT v. GIANT EAGLE, INC. et al

Filing 64

ORDER denying 59 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Cathy Bissoon on 4/13/15. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RICHARD A. STERRETT,
Plaintiff,
v.
GIANT EAGLE, INC., et al.,
Defendants.

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Civil Action No. 14-235
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly

ORDER
Plaintiff’s Motion for Rule 54(b) Certification (Doc. 59) is DENIED. Plaintiff falls well
short of demonstrating entitlement to the exceptional relief requested,1 and Local 636 has offered
compelling reasons for denying the request. The Court adopts the reasoning in Local 636’s
opposition brief (Doc. 62), and it further holds that granting Plaintiff’s request would afford
insufficient weight to the policy against piecemeal appeals. See Elliot at 220 (Rule 54(b)
“attempts to strike a balance” between parties’ stated interests and “the undesirability of
piecemeal appeals”) (citation to quoted source omitted).
IT IS SO ORDERED.

April 13, 2015

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
See Elliott v. Archdiocese of N.Y., 682 F.3d 213, 220 (3d Cir. 2012) (certification under
Rule 54(b) “is the exception,” and district court should grant it “only in the infrequent harsh case
as an instrument for the improved administration of justice”) (citation to quoted source omitted).
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