City Select Auto Sales, Inc. v. David/Randall Associates, Inc.

151 F. Supp. 3d 508, 2015 WL 6507142, 2015 U.S. Dist. LEXIS 145210
District Court, D. New Jersey·Decided October 26, 2015·No. Civil Action No. 11-2658 (JBS/KMW)·Published·Cited by 3 cases

Opinion

MEMORANDUM OPINION

SIMANDLE, Chief Judge:

On March 27, 2015, the Court granted in part Plaintiff City Select Auto Sales, Inc.’s (hereinafter, “City Select” or the “Plaintiff Class”) motion for class-wide summary judgment, and entered Judgment in favor' of the City Select Class and against Defendant David/Randall Associates, Inc. (hereinafter, “David/Randall”), in the amount of $22,405,000 for violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (hereinafter, the “TCPA”). See generally City Select Auto Sales, Inc. v. David/Randall Assocs., Inc., 96 F.Supp.3d 403 (D.N.J.2015). Rather than certify- the [510]*510Judgment as final and appealable under Rule 54(b), Fed.R.Civ.P., however, the Court requested that Class Counsel “propose a schedule for the remainder of the case, including [1] whether the Plaintiff Class seeks certification of this; Judgment as final as to David/Randall Associates, Inc., under Rule 54(b), Fed.R.Civ.P., [and 2] whether notice of this judgment should be provided to the class members at this time under Rule 23(d)(1)(B), and other procedural matters.”1 [Docket Item 152 at 2.]

In response, the parties have proposed competing schedules. Class Counsel, on behalf of the Plaintiff Class, requests that the Court (1) certify the Judgment as final under Rule 54(b) in the amount of $22,405,000; (2) stay notice to the Class and defer briefing and ruling on attorneys’ fees pending completion of any appeal and collection efforts; and (3) set a trial date with respect to the claim of individual liability against Defendant Raymond Miley, III (hereinafter, “Mr. Miley”). (See, City Select’s Br. at 3-6; City Select’s Reply at 1, 7.) David/Randall, by contrast, requests that the Court (1) delay certification of the Judgment as final until the parties determine the actual number of approved members of the Plaintiff Class; and (2) provide notice to the Plaintiff Class of the proposed extent of the Judgment pursuant to Rule 23(d)(1)(B), Fed.R.Civ.P.2 (See David/ Randall’s Opp’n at 7-13.)

For the reasons that follow, City Select’s motion will be granted in part and denied in part. Specifically, City Select’s motion will be denied to the extent it seeks to certify the March 27, 20Í5 Judgment against David/Randall as final. The Court will, however, stay Class notice and briefing on any application for attorneys’ fees until further Order of the Court, and'will refer this matter to U.S. Magistrate Judge Karen M. Williams for a final pretrial/settlement conference relative to the individual liability claim against Mr. Miley. The Court finds as follows:

1. The Court first addresses whether the Court’s March 27, 2015 Judgment should be'certified as final pursuant to Rule 54(b), Fed.R.Civ.P.3 “Ordinarily the proceedings in a district court müst be final as to [] all causes of action and parties for a court of appeals to have jurisdiction over an appeal under 28 U.S.C. § 1291.”4 Morton Int’l, Inc. v. A.E. Sta-[511]*511ley Mfg. Co., 460 F.3d 470, 476 (3d Cir. 2006) (citations omitted). An “order which terminates fewer than all claims, or claims against fewer than all parties,” by, contrast, fails to “constitute a ‘final’ order for purposes of appeal under 28 U.S.C. § 1291.” Id. (quoting Allis-Chalmers Corp. v. Phila. Elec. Co., 521 F.2d 360, 362 (3d Cir.1975))..

2. Federal Rule of Civil Procedure 54(b), however, provides that when an action involves more than a single claim for relief, as here, “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 finds “no just reason for delay.” Fed. R. Civ. P. 54(b). In that way, “Rule 54(b) ‘attempts to strike a balance between the undesirability of piecemeal appeals and the need for. making review, available at a time that best serves the needs of the parties,’ ” by “allowing a district court to enter a final judgment on an order adjudicating only a portion of the matters pending before it in multi-party or multi-claim litigation and thus allowing an immediate appeal.” Elliott v. Archdiocese of N.Y., 682 F.3d 213, 220 (3d Cir.2012) (internal quotations and citation omitted).

3. Certification of a judgment as final under Rule 54(b), however, constitutes “the exception, hot the rule, to the usual course of proceedings in a district court,” and “should not be entered routinely or as a courtesy or, accommodation to counsel.” Panichella v. Pa. R.R. Co., 252 F.2d 452, 455 (3d Cir.1958). Rather, the Rule “should be used only in the infrequent harsh case as an instrument for, the improved administration of justice and the more satisfactory disposition of litigation in the light of the public policy indicated by statute and rule.” Id.

4. “Rule 54(b) thus requires that, a district court first determine whether there has been an ultimate disposition on a cognizable claim for relief as to a claim or party such that there is a ‘final judgment.’ ” Elliott, 682 F.3d at 220 (quoting Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 7-8, 100 S.Ct. 1460, 64 L.Ed.2d 1 (1980)); see also Berckeley Inv. Grp., Ltd. v. Colkitt, 455 F.3d 195, 202 (3d Cir.2006) (same). “If it determines that there has 'been such a disposition, ‘the district court must go on to determine whether there is any just reason for delay,’ taking into account ‘judicial administrative interests as well as the equities involved.’” Elliott, 682 F.3d at 220 (quoting Curtiss-Wright Corp., 446 U.S. at 7-8, 100 S.Ct. 1460). In other words, the district court must ensure that an immediate appeal actually advances the purposes of Rule 54(b), by evaluating (1) the relationship ‘ between the adjudicated and unadjudieated claims; (2) the' possibility that the need for review might or might not be mooted by future developments in the district court; (3) the possibility that the reviewing court might be obliged to consider the same issue a second time; (4) the presence or absence of a clailh or' counterclaim which could result in a setoff against the judgment to be made final; and (5) other factors, such as delay, economic and solvency considerations, shortening the time of trial, frivolity of competing claims, expense (hereinafter, the “Berckeley factors”). See Berckeley Inv. Grp., 455 F.3d at 203 (citation omitted).

5. Here, the Court’s grant of summary judgment in favor of the Plaintiff Class, and against David/Randall unquestionably constitutes a final .determination of all claims against-David/Randall other than for costs and attorney’s' fees.

Free access — add to your briefcase to read the full text and ask questions with AI

City Select Auto Sales, Inc. v. David/Randall Associates, Inc., 151 F. Supp. 3d 508, 2015 WL 6507142, 2015 U.S. Dist. LEXIS 145210 (D.N.J. 2015).

151 F. Supp. 3d 508 (City Select Auto Sales, Inc. v. David/Randall Associates, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Scholl v. Mnuchin
N.D. California, 2020