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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1 HONORABLE RICHARD A. JONES 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 BNSF RAILWAY COMPANY, 11 Plaintiff, 12 14 15 16 ORDER v. 13 CASE NO. C15-992 RAJ STEVEN McARTHUR, THEODORE MAYER, JAY TURNQUIST, TONIA RUPRECHT, DAVID BECKNER, and LINDSAY DUNN, Defendants. 17 18 19 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). 23 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 27 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. 3 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. 12 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. 15 Dated this 29th day of June, 2017. 16 A 17 18 The Honorable Richard A. Jones United States District Judge 19 20 21 22 23 24 25 26 27 ORDER- 2

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