BNSF Railway Company v. McArthur et al
ORDER granting defendant Steven McArthur's 118 Motion for entry of FRCP 54(b) certification; the Court further directs the Clerk to enter a final judgment with respect to all claims involving Mr. McArthur signed by Judge Richard A Jones.(RS)
HONORABLE RICHARD A. JONES
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
BNSF RAILWAY COMPANY,
CASE NO. C15-992 RAJ
STEVEN McARTHUR, THEODORE
MAYER, JAY TURNQUIST, TONIA
RUPRECHT, DAVID BECKNER,
and LINDSAY DUNN,
This matter comes before the Court on Defendant Steven McArthur’s Motion for
20 Entry of FRCP 54(b) Certification. Dkt. # 118. Plaintiff did not oppose the motion.
21 “[S]uch failure may be considered by the court as an admission that the motion has
22 merit.” W.D. Wash. Local Rules LCR 7(b)(2).
Mr. McArthur asks the Court to enter a final judgment as to all claims involving
24 Mr. McArthur. Dkt. # 118. His Motion is based upon the Court of Appeals’ finding that
25 this Court’s judgment did not dispose of the entire action due to a pending counterclaim
26 by Defendant Tonia Ruprecht. Dkt. # 118-1. Mr. McArthur argues that Ms. Ruprecht’s
1 unresolved counterclaim does not implicate any issues he presents on appeal and
2 therefore should not act as a barrier to appellate jurisdiction. Id.
Pursuant to Rule 54(b), “the court may direct entry of a final judgment as to one or
4 more, but fewer than all, claims or parties only if the court expressly determines that
5 there is no just reason for delay.” Fed. R. Civ. P. 54(b). The Court entered judgment in
6 favor of Defendants on Plaintiff’s claims. Dkt. # 109. These claims were both factually
7 and legally distinct from Ms. Ruprecht’s counterclaim. The Court’s judgment satisfies
8 Mr. McArthur’s request—it was a final judgment on Plaintiff’s claims, which were the
9 only claims asserted against Mr. McArthur. However, to aid him in his appeal and in
10 light of Plaintiff’s failure to oppose the Motion, the Court will enter a final judgment as
11 to Mr. McArthur in this matter.
The Court GRANTS Mr. McArthur’s Motion. Dkt. # 118. The Court further
13 directs the Clerk to enter a final judgment with respect to all claims involving Mr.
Dated this 29th day of June, 2017.
The Honorable Richard A. Jones
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?