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Case: 1:11-cv-00103-GHD-DAS Doc #: 220 Filed: 08/30/13 1 of 4 PageID #: 1369

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

KMART CORPORATION

PLAINTIFF

VS.

CIVIL ACTION NO. 1:11-CV-103-D-S

THE KROGER CO., E&A SOUTHEAST LIMITED PARTNERSHIP, FULTON IMPROVEMENTS, LLC, KANSAS CITY SOUTHERN RAILWAY COMPANY, CITY OF CORINTH, JOHN DOES, AND ABC CORPORATION

DEFENDANTS

CITY OF CORINTH’S MOTION FOR RULE 54(b) CERTIFICATION COMES NOW, the City of Corinth, Mississippi (“Corinth”), one of the defendants herein, by and through undersigned counsel, and moves this Court to certify its Memorandum Opinion Granting City of Corinth’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [D.E. 210] and accompanying Order Granting Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [D.E. 209] to be certified as filed pursuant to Fed. R. Civ. P. 54(b) showing to the Court as follows: 1. On August 9, 2013, the Court entered its Memorandum Opinion Granting Defendant City of Corinth’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment and entered its separate Order on the Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. 2. Fed. R. Civ. P. 54(b) provides in part that “the Court may direct entry of a final judgment as to one or more, but fewer than all . . . parties only if the Court expressly determines that there is no


Case: 1:11-cv-00103-GHD-DAS Doc #: 220 Filed: 08/30/13 2 of 4 PageID #: 1370

just reason for delay. Otherwise, any Order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised any time before the entry of a judgment adjudicating all the claims and all the parties rights and liabilities.” Fed. R. Civ. P. 54(b). 3. Since the Memorandum Opinion [D.E. 210] and Order Granting City of Corinth’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [D.E. 209] did not direct entry of a final judgment as to the City of Corinth upon a finding that there is no just reason for delay and because this Court’s Order may be revised any time before the entry of a judgment adjudicating all the claims and all the parties rights and liabilities, the City of Corinth requests an Order be entered certifying that the Court expressly determined that there is no just reason for delay, and that, for the reasons stated in its Memorandum Opinion [D.E. 210] of August 9, 2013, and Order Granting City of Corinth’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [D.E. 209] of August 9, 2013, this cause should be fully and finally dismissed and a final judgment entered as to Defendant City of Corinth. 4. To avoid confusion and delay in litigating an issue of appealability which will be a waste of judicial resources, this Court should certify this judgment as final pursuant to Fed. R. Civ. P. 54(b).

5. Because this Motion is self-explanatory, Defendant City of Corinth requests to be relieved of the requirement of submitting a supporting memorandum. -2-


Case: 1:11-cv-00103-GHD-DAS Doc #: 220 Filed: 08/30/13 3 of 4 PageID #: 1371

Respectfully Submitted, CITY OF CORINTH, MISSISSIPPI

BY:

WILTON V. BYARS, III - BAR #9335 wbyars@danielcoker.com TERRY D. LITTLE - BAR # 99194 tlittle@danielcoker.com DANIEL COKER HORTON & BELL, P.A. 265 NORTH LAMAR BOULEVARD, SUITE R POST OFFICE BOX 1396 OXFORD, MS 38655-1396 (662) 232-8979

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s/Terry D. Little OF COUNSEL


Case: 1:11-cv-00103-GHD-DAS Doc #: 220 Filed: 08/30/13 4 of 4 PageID #: 1372

CERTIFICATE OF SERVICE I hereby certify that on August 30, 2013, I electronically filed the foregoing with the Clerk of the Court using the ECF system which sent notification of such filing to counsel who have electronically registered with the Court, and I hereby certify that I have mailed by United States Postal Service the document to the non-ECF participants. The following is a list of all counsel of record or parties regardless whether electronically notified by the Court or sent via United States Postal Service by this firm:

Mary Clift Abdalla Walter Garner Watkins, III Walter G. Watkins, Jr. Forman, Perry, Watkins, Krutz & Tardy, PLLC P.O. Box 22608 Jackson, MS 39225-2608 Counsel for E&A Southeast Limited Partnership Ryan O. Lumainis Sher Garner Cahill Richter Klein & Hilbert, LLC 909 Poydras Street, 28th Floor New Orleans, LA 70112 Counsel for Kmart Corp.

Gerald Haggard Jacks Jamie Ferguson Jacks JACKS, ADAMS & NORQUIST, P.A. P.O. Box 1209 Cleveland, MS 38732-1209 Counsel for Fulton Charles E. Ross P.O. Box 651 Jackson, MS 39205-0651 Counsel for Kansas City Southern Railway Co.

Edley H. Jones, III David Aaron Norris Stephen Friedrich Schelver MCGLINCHEY STAFFORD P.O. Box 22949 Jackson, MS 39225 Counsel for Kroger Co.

s/Terry D. Little TERRY D. LITTLE

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220 motionforrelief citycorinth rule54(b)  
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