Virginia Lawyers Weekly VA Lawyers Weekly
Where all claims and defendants except one assault and battery claim were previously dismissed, there was no significant relationship between the dismissed claims and the remaining one and the appeal of the dismissed claims would not be affected by the remaining one, a final judgment was entered as to the dismissed claims.
Background
Federal Rule of Civil Procedure 54(b) permits a district court to enter final judgment as to one or more but fewer than all claims in an action involving multiple claims or multiple parties. Plaintiff Tina McCoy filed an unopposed motion for entry of final judgment under the rule, asking the court to enter final judgment as to Counts 2 through 11 of the amended complaint and as to all defendants in the case except Charles Wilson.
Analysis
This case was removed from Albemarle County Circuit Court in 2019. Along with the removal notice was plaintiff’s amended complaint, which asserted 11 counts against four defendants. Plaintiff sued (1) Wilson under Counts One and Nine, (2) Ryan Rall under Counts Three and Nine, (3) the Commonwealth of Virginia under Counts Two through 11 and (4) the Rector and Board of Visitors of the University of Virginia under Counts Nine through 11.
The court has entered three separate orders and memorandum opinions in this case. As a result, “[t]he assault and battery claims against [Charles] Wilson are all that remain in this case.” Because there has been an “ultimate disposition of individual claim[s] entered in the course of a multiple claims action,” the judgment as to Counts Two through 11 and the termination of defendants Rall, the commonwealth and the Board of Visitors is final.
The court finds that there is no just reason for delaying entry of final judgment. As a preliminary matter, there is no significant relationship between the adjudicated claims (Counts Two through 11) and the remaining unadjudicated claim (count One against Wilson). The remaining claim for assault and battery only involves Wilson, and Wilson was not named as a defendant in any of the claims that are the subject of this motion. Entry of final judgment would have no effect on the last remaining count against Wilson because the adjudicated counts all concern different theories of liability against different defendants.
Moreover, an appeal of Counts Two through 11 would not be mooted by further developments in this court, and there is no reason to believe that the reviewing appellate court would have to consider the same issue again, once Count One is adjudicated. The outcome of plaintiff’s claim for assault and battery against Wilson is separate and distinct from the already adjudicated legal issues that would be reviewed on appeal.
There are also no pending claims or counterclaims which could result in a set-off against the judgment plaintiff is requesting. Further, this case was set for trial in 2020 but was continued due to COVID-19. Now it has been continued again—for other exigent circumstances. Entering final judgment will allow plaintiff to appeal this court’s rulings on Counts Two through 11 without needlessly waiting.
Plaintiff’s unopposed motion for entry of final judgment granted.
McCoy v. University of Virginia Medical Center, Case No. 3:19-cv-00050, April 28, 2021. WDVA at Charlottesville (Moon). VLW 021-3-217. 4 pp.
