Transamerica Life Insurance Company v. Caramadre et al

Filing 155

ORDER of USCA as to #150 Notice of Appeal filed by Transamerica Life Insurance Company: remanded to the District Court for a statement of reasons insupport of the entry of judgment.Signed by Margaret Carter, Clerk, USCA for the 1st Circuit (Jackson, Ryan)

United States Court of Appeals
For the First Circuit
____________________________
No. 12-2207
TRANSAMERICA LIFE INSURANCE COMPANY
Plaintiff - Appellant
v.
ESTELLA RODRIGUES
Defendant - Appellee
JOSEPH A. CARAMADRE; RAYMOUR RADHAKISTAN; ESTATE PLANNING
RESOURCES, INC.; ; EDWARD L. MAGGIACOMO; LIFEMARK SECURITIES CORP.;
PATRICK GARVEY
____________________________
ORDER OF COURT
Entered: November 16, 2012
Pursuant to 1st Cir. R. 27.0(d)
This court has docketed plaintiff Transamerica Life Insurance Company's appeal from the
judgment that entered on August 2, 2012 pursuant to Fed. R. Civ. P. 54(b) in No. 09-cv-00471-SPAS (D. R.I.). We retain jurisdiction, but remand to the district court for a statement of reasons in
support of the entry of judgment pursuant to Fed. R. Civ. P. 54(b). See Spiegel v. Trustees of Tufts
College, 843 F.2d 38, 43 (1st Cir. 1988) (district court “should ordinarily make specific findings
setting forth the reasons” for entry of judgment pursuant to Rule 54(b)); Santa Maria v. OwensIllinois, Inc., 808 F.2d 848, 854 (1st Cir. 1986) (“talismanic statement...that ‘there is no just reason
for delay’” is insufficient; district court should “clearly articulate the factors that it has considered
and its reasoning in granting the Rule 54(b) certification”). The district court is requested to furnish
its reasons within ten days of the date of this order.
By the Court:
/s/ Margaret Carter, Clerk

cc:

Hon. William E. Smith
David DiMarzio, Clerk of Court
David E. Barry
Michael J. Daly
Robert G. Flanders Jr.
John A. MacFadyen
Brooks R. Magratten
Kelly M. Moore
C. Leonard O'Brien
David G. Palmer
R. Daniel Prentiss
Adam M. Ramos
Raymond Matthew Ripple
Deming E. Sherman