BNSF Railway Company v. McArthur et al

Filing 120

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)

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HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BNSF RAILWAY COMPANY,

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Plaintiff,

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ORDER

v.

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CASE NO. C15-992 RAJ

STEVEN McARTHUR, THEODORE
MAYER, JAY TURNQUIST, TONIA
RUPRECHT, DAVID BECKNER,
and LINDSAY DUNN,
Defendants.

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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).
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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
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ORDER- 1

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.
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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.
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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.
14 McArthur.
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Dated this 29th day of June, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER- 2