Southwest Louisiana Healthcare System, Inc. v. Argil Tarpon Management, LLC
Southwest Louisiana Healthcare System, Inc. v. Argil Tarpon Management, LLC
Opinion of the Court
Plaintiffs-Appellants appeal the district court’s dismissal of a subset of them claims against Defendants-Appellees. Because the district court has not rendered a final judgment in this action, we dismiss the appeal for lack of jurisdiction.
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs-Appellants Southwest Louisiana Healthcare, Inc. and Southwest Louisiana Hospital Association (collectively, “Plaintiffs”) entered into a series of loan agreements and bond indentures in order to obtain financing for capital improvements to the hospital they operate. Various problems arose from these transactions, leading Plaintiffs to file suit against several defendants, including Argil Tarpon Management, LLC (“Argil”), Argil members Randy Starkweather (“Stark-weather”) and Jim O’Keefe (“O’Keefe”), and Cambio Health Solutions, LLC (“Cam-bio”) (collectively, “Defendants”).
On March 29, 2007, 2007 WL 979933, the district court issued a Memorandum Rul
On October 9, 2007, 2007 WL 2993814, the district court issued a second Memorandum Ruling and Judgment (the “October Ruling”) addressing Plaintiffs’ Motion to Vacate and Motion for Leave to Amend. In considering whether to allow Plaintiffs to reinstate their previously dismissed claims, the district court stated that the March Ruling had been a final judgment. It then evaluated whether Plaintiffs had satisfied the Rule 60(b)(2) standard for granting relief from a final judgment on the basis of “newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).” Fed.R.CivP. 60(b)(2). The district court determined that the new evidence submitted by Plaintiffs regarding the previously dismissed claims was cumulative and shed no new light on the claims. It therefore denied the Motion to Vacate in full and denied the Motion for Leave to Amend in part, refusing to allow Plaintiffs to reinstate the previously dismissed claims. However, it granted the Motion for Leave to Amend in part, allowing Plaintiffs to amend their complaint as to their other claims.
On appeal, Plaintiffs maintain that the district court mischaracterized its March Ruling as a final judgment and therefore erred in applying the Rule 60(b) standard to evaluate Plaintiffs’ Motion to Vacate. Plaintiffs acknowledge that if the district court has not yet entered a final judgment in their case, their appeal is premature. However, they filed this appeal to preserve their rights against any claims of res judicata or waiver.
II. DISCUSSION
We must first determine whether we have jurisdiction over this appeal. We have jurisdiction over “final decisions of the district courts of the United States.” 28 U.S.C. § 1291. Generally, a judgment or order is final and appealable when it resolves all claims against all parties and “leaves nothing for the court to do but execute the judgment.” Askanase v. Livingwell, Inc., 981 F.2d 807, 810 (5th Cir. 1993) (internal quotation marks and citations omitted). It is undisputed that the district court has entered no judgment or order that resolved all claims against all parties in this case. However, Federal Rule of Civil Procedure 54(b) creates an exception to this rule for certain partial final judgments: “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 expressly determines that there is no just reason for delay.” Thus, we must determine whether the district court’s March Ruling dismissing some of Plaintiffs’ claims was a partial final judgment under Rule 54(b) that is subject to immediate appeal.
Here, the March Ruling itself contains no indication that it was intended to be an immediately appealable final judgment under Rule 54(b). It does not mention Rule 54(b), nor does it suggest that there is no just reason for delay of an appeal. No documents referenced in the order indicate that it was intended to be a final judgment. Moreover, at a hearing held in June, the district court indicated that the March Ruling was not intended to be an immediately appealable final judgment under Rule 54(b):
I didn’t do the 54(b) on purpose because I felt like that it was the correct ruling under the allegations as to the parties that was involved at that time, and I did not do it purposefully because I didn’t want to — that would have necessitated an appeal and I would not have wanted to try the case in a piece-meal fashion. We had a trial fixing in January and I didn’t want to have to upset that. I wanted to go on and try the case and dispose of it. Maybe perhaps I should have done it, but that would have been the result. We would have been waiting on the Court of Appeals to do something ... the January trial fixing is going to be upset.
(Emphasis added). In contrast, in its (Detober Ruling, the district court stated that the March Ruling was a final judgment, pointing out that “Rule 54 allows the Court to enter a ‘final judgment as to one or more but fewer than all of the claims or parties.’” However, the district court failed to cite the remainder of Rule 54(b), which states that a partial final judgment is allowed in such cases “only if the court expressly determines that there is no just reason for delay.” Fed.R.Civ.P. 54(b). Neither the court’s March Ruling nor its October Ruling show that the district court determined that there was no just reason for delay.
In light of this record, we do not find “unmistakable intent” by the district court to enter a partial final judgment under Rule 54(b).
DISMISSED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. Plaintiffs also named several additional defendants who are not parties to this appeal.
. None of the parties contend that the October Ruling denying Plaintiffs' Motion to Vacate and Motion for Leave to Amend was a
. Because the March Ruling was not a final judgment, the district court may have erred m applying the standard of Rule 60(b)(2), which governs final judgments, to its evaluation of Plaintiffs’ Motion to Vacate and Motion for Leave to Amend. However, this issue is not r I before us at this time because we lack jurisdiction
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