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Constitutional - State Statute | New York Northern
Order
TEXT ORDER: The Court has reviewed the parties' 319 joint status report. "When an action presents more than one claim for relief[,] 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." Fed. R. Civ. P. 54(b). "The requirement that the district court make an express determination that there is no just reason for delay means that the court must provide a reasoned, even if brief, explanation of its considerations, for it is essential that a reviewing court have some basis for distinguishing between well-reasoned conclusions, arrived at after a comprehensive consideration of all relevant factors, and mere boiler-plate approval phrased in appropriate language but unsupported by evaluation of the facts or analysis of the law." Novick v. AXA Network, LLC, 642 F.3d 304, 310 (2d Cir. 2011) (cleaned up). A Rule 54(b) certification must therefore "take account of both the policy against piecemeal appeals and the equities between or among the parties." Id. Here, the parties jointly argue that "because the Court has already determined the Act is unlawful, it would remain unnecessary to resolve" the remainder of plaintiffs' claims "unless defendants were to successfully appeal the judgment." (Dkt. No. 319, at 2). The Court agrees. Because the Court has already determined that the Act is unlawful, the interests of judicial economy are served by entering judgment as to Counts I and II and permitting immediate appeal. There is no just reason for delay given the Court's conclusion that the Act is preempted. The parties' joint requests are GRANTED, and the Court will issue a partial, final judgment pursuant to Federal Rule 54(b) in due course. SO ORDERED by Chief Judge Brenda K. Sannes on 9/17/2026. (nmk)
Status Report
STATUS REPORT (Joint) by American Petroleum Institute, Chamber of Commerce of the United States of America, National Mining Association, The Business Council of New York State, Inc.. (Lehotsky, Steven)
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