Nelson v. International Marine, L.L.C. et al, No. 2:2013cv00769 - Document 79 (E.D. La. 2014)

Court Description: ORDER & REASONS granting 73 Motion for Entry of Judgment under Rule 54(b); granting 74 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Kurt D. Engelhardt on 4/28/2014. (mmm)

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Nelson v. International Marine, L.L.C. et al Doc. 79 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOHN B. NELSON, JR. CIVIL ACTION VERSUS NO. 13-769 INTERNATIONAL MARINE, LLC, ET AL SECTION “N” (5) ORDER AND REASONS Local Rule 7.5 of the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed eight days prior to the noticed submission date. No memorandum in opposition to the following motions, noticed for submission on April 30, 2014, was filed: (1) "Motion for Entry of Rule 54(b) Final Judgment," filed by Chevron U.S.A. Inc. (Rec. Doc. 73); and (2) "Motion for Entry of Rule 54(b) Final Judgment," filed by filed by defendant Offshore Cleaning Systems, L.L.C. (Rec. Doc. 74). Further, the Court finds that the motions have merit. "Federal Rule of Civil Procedure 54(b) permits a district court to enter separate final judgment on any claim or counterclaim, after making 'an express determination that there is no just reason for delay.' " Reiter v. Cooper, 507 U.S. 258, 265 (1993) (quoting Sears, Roebuck & Co. v. Mackey, 351 U.S. 427 (1956)). "This power is largely discretionary...to be exercised in light of 'judicial administrative interests as well Dockets.Justia.com as the equities involved,' and giving due weight to 'the historic federal policy against piecemeal appeals.' " Id. (quoting Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 10 (1980)) (citations and internal quotations omitted); see also Ackerman v. F.D.I.C., 973 F.2d 1221, 1225 (5th Cir. 1992). In this case, the Court finds that there is no just reason for delay. No party opposed the granting of summary judgment dismissing the claims and cross-claims against these two defendants. Thus, it is unlikely that granting final judgment on these claims will result in piecemeal appeals. Accordingly; IT IS ORDERED that the above listed motions are hereby GRANTED. New Orleans, Louisiana, this 28th day of April, 2014. ______________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE 2

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