The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
ORDER GRANTING PLAINTIFFS' REQUEST FOR JUDGMENT PURSUANT TO RULE 54(b) (Documents #221)
This action arises from an incident in which Officer Marcy Noriega ("Officer Noriega") shot and killed Everardo Torres ("Everardo"). Everardo's estate and family ("Plaintiffs") have sued Officer Noriega and the City of Madera ("Defendants") under 42 U.S.C. § 1983 and state law. Pending before the court is Plaintiffs' request for certification pursuant to Rule 54(b).
On January 6, 2003, Plaintiffs filed their first amended complaint. The first cause of action is brought under 42 U.S.C. § 1983 and alleges violations of Everardo's Fourth Amendment rights. The second cause of action alleges wrongful death. The third cause of action alleges assault and battery. The fourth cause of action alleges false arrest and imprisonment.
The fifth cause of action alleges negligence. The sixth cause of action alleges negligent infliction of emotional distress.
On January 28, 2005, Defendants filed a motion for summary adjudication of issues. On April 8, 2005, the court issued a memorandum opinion and order in which the court granted Defendants' motion for summary judgment on Plaintiffs' Fourth Amendment claim. Because the court found Officer Noriega did not intend to seize Everardo with the instrumentality or means Officer Noriega applied, the court granted Defendants summary judgment on Plaintiffs' first cause of action, alleging a violation of the Fourth Amendment. The court then granted Plaintiffs' request for certification of the court's April 8, 2005 order pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.
On appeal, the Ninth Circuit reversed this court's grant of summary judgment applying the"continuing seizure" doctrine, which had never been raised by any of the parties in either this court or on appeal. See Torres v. Madera, 524 F3d 1053 (9th Cir. 2008) (hereinafter "Torres I"). The Ninth Circuit found Torres had been technically seized from the moment he was handcuffed, prior to the shooting. As such, the Ninth Circuit found the issue was the reasonableness of Defendant Noriega's mistake, not whether Defendant Noriega seized Torres. The Ninth Circuit then remanded the action to this court.
On January 8, 2009, Defendants filed a second motion for summary adjudication of issues Defendants contended Defendant Noriega's mistake was objectively reasonable and/or she was entitled to qualified immunity. On July 8, 2009, the court granted Defendants' second motion. Based on the standards set forth in Torres I, this court found that the undisputed facts revealed there was no Fourth Amendment violation because Defendant Noriega's mistake was reasonable. The court further found that it would have been unclear to a reasonable officer in 2002 when a mistaken use of force violated the Fourth Amendment. Finally, the court found that the law concerning the use of Tasers was not clearly established in 2002.
On July 24, 2009, Plaintiffs filed a notice of appeal.
On September 14, 2009, Plaintiffs filed a motion for certification pursuant to Rule 54(b). Plaintiffs contend that the civil rights claim was been fully resolved and there is no just reason to delay entering judgment. Plaintiffs argues that absent an order granting an immediate appeal, Plaintiffs contend they will be forced to try this action twice. Defendants did not file an opposition to Plaintiffs' motion.
Normally, a final judgment is not entered in an action until all claims have been resolved. However, Federal Rule of Civil Procedure 54(b) "provides that final entry of judgment should be made on individual claims in multiple claim suits 'upon an express determination that there is no just reason for delay.'" AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 954 (9th Cir. 2006) (quoting Fed. R. Civ. Pro. 54(b)).*fn1 In making a determination under Rule 54(b), the court must first determine that it is dealing with a final judgment, which means a decision that is "an ultimate disposition of an individual claim entered in the course of a multiple claims action." Curtiss-Wright Corp. v. General Elec. Co., 446 U.S. 1, 7 (1980); Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 436 (1956); Wood v. GCC Bend, LLC, 422 F.3d 873, 878 (9th Cir. 2005). Second, the court must determine whether there is any just reason for delay. Curtiss-Wright, 446 U.S. at 7; Wood, 422 F.3d at 878. "It is left to the sound judicial discretion of the district court to determine the 'appropriate time' when each final decision in a multiple claims action is ready for appeal. This discretion is to be exercised 'in the interest of sound judicial administration.'" Curtiss-Wright Corp., 446 U.S. at 8; Sears, Roebuck, 351 U.S. at 437; Wood, 422 F.3d at 878. A court's application of Rule 54(b) should preserve "the historic federal policy against piecemeal appeals." Curtiss-Wright, 446 U.S. at 8; Sears, Roebuck, 351 U.S. at 438; Wood, 422 F.3d at 878-79. The Ninth Circuit has stated that the appropriate focus for a court's Rule 54(b) decision is, "severability and efficient judicial administration." Wood, 422 F.3d at 880; Continental Airlines, Inc. v. Goodyear Tire & Rubber Co., 819 F.2d 1519, 1525 (9th Cir.1987); cf. Curtiss-Wright, 446 U.S. at 8 (holding that lower court properly considered separateness of claims and that no appellate court would have to decide the same issues more than once) . The district court is to make specific findings that set forth the reasons for granting a Rule 54(b) motion. In re Lindsay, 59 F.3d 942, 951 (9th Cir. 1995); Morrison-Knudsen v. Archer, 655 F.2d 962, 965 (9th Cir.1981).