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United States v. Shanrie Co.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SHANRIE CO., INC., DAN SHEILS, NETEMEYER ENGINEERING ASSOCIATES, INC., FOREST HILLS, L.P., THE MARK TWAIN TRUST, PAMELA BAUER, AND BRIAN BAUER, DEFENDANTS, AND NETEMEYER ENGINEERING ASSOCIATES, INC., FOREST HILLS, L.P., MARK TWAIN TRUST, PAMELA BAUER, AND BRIAN BAUER, DEFENDANTS/THIRD-PARTY PLAINTIFFS,
v.
RHUTASEL AND ASSOCIATES, INC., L&S BUILDERS DESIGN, INC., HENDERSON ASSOCIATES ARCHITECTS, INC., THOUVENOT, WADE & MOERCHEN, INC., AND BUILDERS DESIGN HOLLANDER ARCHITECTS, P.C., THIRD PARTY DEFENDANTS.

The opinion of the court was delivered by: David R Her|do| Chief Judge United States District Court

ORDER

HERNDON, Chief Judge

On February 23, 2009, the Court entered an Order granting Third-Party Defendants' Thouvenot, Wade & Moerchen, Inc., Builders Design Hollander Architects, P.C., Henderson Associates Architects, Inc., and L&S Builders Design, Inc's motions to dismiss Third-Party Plaintiffs' Complaint for contribution (Doc. 109). The Court found that the Fair Housing Act does not provide a right to contribution or indemnity and thus dismissed Third-Party Plaintiffs' Complaint with prejudice. However, the Court did not include a finding pursuant FEDERAL RULE OF CIVIL PROCEDURE 54(b) that there was no reason to delay enforcement of the dismissal.

Now before the Court is Third-Party Defendants Henderson Associates Architects, Inc. and L&S Builders Design, Inc.'s motions for finding pursuant to FEDERAL RULE OF CIVIL PROCEDURE 54(b) (Doc. 126 & 127). Defendants Henderson Associates Architects, Inc. and L&S Builders Design, Inc. asked the Court to direct an entry of final judgment pursuant to FEDERAL RULE OF CIVIL PROCEDURE 54(b).

Rule 54(b) permits a district court, in a case involving multiple claims or parties, to "direct the entry of a final judgment as to one or more, but fewer than all, [of the] claims or parties" only upon an express determination that there is no just reason for delay. FED.R.CIV.PRO. 54(b).

The Court finds that there is no just reason for delaying entry of judgment on Third-Party Plaintiffs' Complaint for contribution. The Court's ruling, dismissing with prejudice Third-Party Plaintiffs' complaint for contribution, disposes of all the claims against Third-Party Defendants (Doc. 109). See U.S. v. Ettrick Wood Products, Inc., 916 F.2d 1211, 1217 (7th Cir. 1990) (entry of 54(b) requires that court "reach a judgment that is final in the sense that it...finally resolves all claims against a particular party or parties." (citing Steve's Homemade Ice Cream, Inc. v. Stewart, 907 F.2d 364 (2d Cir. 1990)). Therefore, the Court GRANTS Defendants Henderson Associates Architects, Inc. and L&S Builders Design, Inc.'s motions for finding pursuant to Rule 54(b) (Doc. 126 & 127) and FINDS that there is no just reason for delay of entry of judgment on Third-Party Plaintiffs' Complaint. The Court directs the Clerk to enter judgment pursuant to Rule 54(b) accordingly.

IT IS SO ORDERED.

20090511

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