Kesner v. Buhl
- Paul Engelmayer
- 1:20-cv-03454
- U.S. District Court · Southern District of New York
- 2
In Kesner v. Buhl, Judge Engelmayer declined to issue partial judgment because Kesner had not moved under Rule 54(b) and such judgments are disfavored.
Harvey J. Kesner and the terminated defendants Dow Jones & Company, Inc. and William “Bill” Alpert.
What happened
In Kesner v. Buhl, counsel for terminated defendants Dow Jones & Company, Inc. and William Alpert asked whether the court intended to issue a partial judgment against them. The opinion does not describe the underlying claims.
The court answered no. It stated that Harvey Kesner had not requested partial judgment under Federal Rule of Civil Procedure 54(b), and that partial judgments are generally disfavored because they can lead to piecemeal appeals. The court found no basis for an exception here.
The court therefore did not intend to issue a partial judgment as to Dow Jones and Alpert. The order was signed by Judge Paul A. Engelmayer.
The detailed version
- Kesner v. Buhl · No. 1:20-cv-03454
- Paul Engelmayer
- Mar. 1, 2021
Background
The court received a voicemail from counsel for terminated defendants Dow Jones & Company, Inc. doing business as Barron’s, and William “Bill” Alpert. Counsel asked whether the court intended to issue a partial judgment as to those defendants. The caption also names Teri Buhl as a defendant.
Court’s reasoning
The court answered that it did not intend to issue a partial judgment. It noted that Harvey J. Kesner had not moved for partial judgment under Federal Rule of Civil Procedure 54(b). That rule can permit a final judgment as to fewer than all parties or claims when the court expressly finds that there is no just reason to delay. The court cited Second Circuit decisions stating that partial judgments are disfavored because federal policy disfavors piecemeal appeals. It stated that it was unaware of any basis for an exception in this case.
Disposition
The order states that the court would not issue a partial judgment as to Dow Jones & Company, Inc. and William Alpert. It does not state that a motion was granted or denied, and it does not rule on the merits of the underlying dispute. Judge Paul A. Engelmayer signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.