Transfac Capital v. Celentano et al

Filing 65

MEMORANDUM DECISION AND ORDER granting 59 Motion to Certify 57 Judgment as Final under Rule 54(b). Signed by Judge David Nuffer on 7/16/13 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
TRANSFAC CAPITAL, INC.,
Plaintiff,
v.

MEMORANDUM DECISION AND ORDER
CERTIFYING DEFAULT JUDGMENT
AGAINST DEFENDANT CELENTANO
AND ASSOCIATES, INC. AS FINAL
UNDER FED. R. CIV. P. 54(b)

MARK CELENTANO et al.,
Case No. 2:11-cv-899 DN
Defendants.
District Judge David Nuffer

Default Judgment was entered in this matter against Defendant Celentano and Associates,
Inc. (“C&A”) on June 5, 2013. Plaintiff Transfac Capital, Inc. has now moved the court to
certify the Default Judgment as final pursuant to Fed. R. Civ. P. 54(b). 1
Under Rule 54(b), "the court may direct entry of a final judgment as to one or more, but
fewer than all, claims or parties only if the court expressly determines that there is no just reason
for delay." 2 Before certifying a judgment as final, the court must make two determinations:
"First, the district court must determine that the order it is certifying is a final order. Second, the
district court must determine that there is no just reason to delay review of the final order until it
has conclusively ruled on all claims presented by the parties to the case." 3
The Default Judgment against C&A is a final judgment. A judgment is final if "it is an
ultimate disposition of an individual claim entered in the course of a multiple claims action." 4
"[A] judgment is not final unless the claims disposed of are separable from the remaining claims
1

Docket no. 59, filed on June 25, 2013.

2

Fed. R. Civ. P. 54(b).

3

Okla. Tpk. Auth. v. Bruner, 259 F.3d 1236, 1242 (10th Cir. 2001) (internal citations omitted).

4

Id.

. . . ." 5 However, "[a] default judgment is unrelated to the merits of the claims against the
remaining defendants." 6 The Default Judgment against C&A was entered because of its failure
to answer and defend this matter. The basis for the Default Judgment against C&A is thus
factually distinct from judgment against any remaining defendants. 7 Accordingly, the Default
Judgment is the final disposition of Transfac's claim against C&A.
Additionally, there is no just reason to delay the entry of final judgment against C&A.
Allowing a judgment creditor to begin collecting on a default judgment is a sufficient
justification for Rule 54(b) certification. 8 The court finds there is no just reason to delay entry of
final judgment against Defendant Celentano and Associates, Inc.
CONCLUSION AND ORDER
IT IS THEREFORE ORDERED that the Motion for Rule 54(b) Certification (docket no.
59) is GRANTED.
IT IS FURTHER ORDERED that the Default Judgment (docket no. 57) entered against
Defendant Celentano and Associates, Inc. on June 5, 2013 is CERTIFIED AS FINAL pursuant
to Fed. R. Civ. P. 54(b)
Signed July 16, 2013.
BY THE COURT:

________________________________________
____________________________
__
__
David Nuffer
United States District Judge
5

Id. (quoting Moore's Federal Practice 3d § 202.06[2]).

6

FDIC v. Tripati, 769 F.2d 507, 508 (8th Cir. 1985) (emphasis added).

7

Default judgment was entered against Defendant Sandra Norton on April 12, 2012 (docket no. 34). That judgment
was certified as a final judgment on February 13, 2013 (docket no. 49). Summary judgment was entered against
Defendant Mark Celentano on June 27, 2013 via docket text order (docket no. 62). A memorandum decision and
order are forthcoming.
8

Id.

2