UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 31, 2011
ORDER CITIZENS AUTOMOBILE FINANCE , INC., A CORPORATION; JPMORGAN CHASE BANK, A CORPORATION, WESTERN SURETY COMPANY, A CORPORATION; AND DOES ONE THROUGH TWENTY; DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
On January 7, 2011, counsel for Defendant JPMorgan Chase Bank N.A. ("Chase") filed a proposed judgment this matter, in its favor and against Plaintiff Robert Barabino, given the Court's Memorandum and Order filed December 22, 2010. That Memorandum and Order granted Chase's Motion for Judgment on the Pleadings (ECF No. 62). The Order did not, however, affect the status of Citizens Automobile Finance Inc. ("Citizens"), the remaining Defendant in this litigation. Plaintiff's claims against Citizens remains ongoing.
In accordance the so-called "final judgment rule" embodied by Federal Rule of Civil Procedure 54(b), this Court does not as a matter of course render judgment in favor of one defendant when the case remains active against others. While Chase may file a Motion under Rule 54(b) for relief from that general rule on grounds that there is "no just reason for delay", that motion is not before the Court. The Court accordingly declines to sign the judgment in Chase's favor as proposed.
IT IS SO ORDERED.
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