Nat'l Bank of Washington v. Dolgov, 853 F.2d 57 (2d Cir. 1988). · Go Syfert
Nat'l Bank of Washington v. Dolgov, 853 F.2d 57 (2d Cir. 1988). Cases Citing This Book View Copy Cite
46 citation events (16 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Cited for
At page 58 Requirement for reasoned explanation in rule 54(b) certification21 citing casesgiven a certification that only tracked the language of Rule 54(b), without an explanation, dismissing the appeal for lack of appellate jurisdiction3 citing courts put it this way · 20 listed here
  • NYSA Series Trust v. Dessein, 631 F. App'x 54 (2d Cir. 2015).unpublished
    (given a certification that only tracked the language of Rule 54(b), without an explanation, dismissing the appeal for lack of appellate jurisdiction)
  • Sec. & Exch. Comm'n v. Frohling, 614 F. App'x 14 (2d Cir. 2015).unpublished
    (given a certification that only tracked the language of Rule 54(b), without an explanation, dismissing the appeal for lack of appellate jurisdiction)
  • K.R.Y.S. v. Sugrue, 531 F. App'x 44 (2d Cir. 2013).unpublished
    (given a certification that only tracked the language of Rule 54(b), without an explanation, dismissing the appeal for lack of appellate jurisdiction)
  • Novick v. AXA Network, LLC, 642 F.3d 304 (2d Cir. 2011).published
    In applying these principles, we have repeatedly noted that the district court generally should not grant a Rule 54(b) certification “ ‘if the same or closely related issues remain to be litigated.’ ” Harriscom, 947 F.2d at 629 (quoting Na…
  • Morse v. City of New York, 46 F. App'x 45 (2d Cir. 2002).unpublished 2 cites
    See id. at 630 ; National Bank of Washington v. Dolgov, 853 F.2d 57, 58 (2d Cir.1988).
  • United States v. Hansel, 182 F.R.D. 7 (N.D.N.Y. 1998).published
    “An order that ... adjudicates the rights and liabilities of fewer than all of the parties is not a final order unless the court directs the entry of a final judgment as to the dismissed claims or parties ‘upon an expres…”
  • Harriscom Svenska Ab v. Harris Corp., 947 F.2d 627 (2d Cir. 1991).published
    “if the same or closely related issues remain to be litigated”
  • LTV Steel Co. v. United Mine Workers, 928 F.2d 63 (2d Cir. 1991).published
    Case law dictates that “a district court cannot merely announce that ‘there is no just reason for delay.’ ” Pension Benefit Guarantee Corp. v. LTV Corp. (PBGC), 875 F.2d 1008, 1014 (2d Cir.1989) (quoting Fed.R.Civ.P. 54(b)). “ ‘Rather, its…
  • In re Chateaugay Corp., 928 F.2d 63 (2d Cir. 1991).published
    Courts, if anything, have interpreted Rule 54(b) even more strictly than the Rule's language requires. 5 Case law dictates that "a district court cannot merely announce that 'there is no just reason for delay.' " Pension Benefit Guarantee…
  • St. Paul Fire & Marine Ins. Co. v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Indus., Inc., Third-Party, 884 F.2d 688 (2d Cir. 1989).published 2 cites
    (criticizing use of conclusory language to fulfill requirements of Rule 54(b))
Show 10 more citing cases
  • United States Court of Appeals, Second Circuit, 875 F.2d 1008 (2d Cir. 1989).unpublished
    “Rather, its certification must be accompanied by a reasoned, even if brief, explanation of its conclusion”
  • Pension Benefit Guar. Corp. v. LTV Corp., 875 F.2d 1008 (2d Cir. 1989).published
    “Rather, its certification must be accompanied by a reasoned, even if brief, explanation of its conclusion”
  • Weissman v. Fruchtman, 124 F.R.D. 559 (S.D.N.Y. 1989).published
    The National Bank of Washington v. Dolgov, 853 F.2d 57, 58 (2d Cir.1988).
  • Advanced Magnetics, Inc. v. Bayfront Partners, Inc., 106 F.3d 11 (2d Cir. 1997).published 2 cites
    See generally National Bank of Washington v. Dolgov, 853 F.2d 57, 58 (2d Cir.1988) (per curiam); Cullen v. Margiotta, 618 F.2d 226, 228 (2d Cir.1980) (per curiam); Brunswick Corp. v. Sheridan, 582 F.2d 175, 183 (2d Cir.1978); Arlinghaus v.…
  • O'Bert ex rel. Est. of O'Bert v. Vargo, 331 F.3d 29 (2d Cir. 2003).published
    See, e.g., National Bank of Washington v. Dolgov, 853 F.2d 57, 58 (2d Cir.1988) (per curiam) (haec verba certification); Cullen v. Margiotta, 618 F.2d at 228 (haec verba certification); Brunswick Corp. v. Sheridan, 582 F.2d at 183 (stated…
  • O'Bert v. Vargo, 331 F.3d 29 (2d Cir. 2003).published
    See, e.g., National Bank of Washington v. Dolgov, 853 F.2d 57, 58 (2d Cir. 1988) (per curiam) (haec verba certification); Cullen v. Margiotta, 618 F.2d at 228 (haec verba certification); Brunswick Corp. v. Sheridan, 582 F.2d at 183 (stated…
  • L.B. Foster Co. v. Am. Piles, Inc., 138 F.3d 81 (2d Cir. 1998).published
    See, e.g., National Bank of Washington v. Dolgov, 853 F.2d 57, 58 (2d Cir. 1988) (per curiam) (dismissing appeal for lack of a final judgment where certification merely recited the words of the Rule); Cullen v. Margiotta, 618 F.2d at 228 (…
  • Comite Pro Rescate De La Salud v. Puerto Rico Aqueduct & Sewer Auth., 888 F.2d 180 (1st Cir. 1989).published
    Compare Consolidated Rail, 861 F.2d at 326 and Spiegel, 843 F.2d at 44 (in the absence of a statement of reasons, the appellate court, while foregoing “deference,” may nonetheless allow appeal) with National Bank of Washington v. Dolgov, 8…
  • Fletcher v. Marino, 882 F.2d 605 (2d Cir. 1989).published
    (district court did not give reasons for certification under Rule 54(b) and reasons for certification were not apparent from limited record before the Court)
  • Fletcher v. Marino, 882 F.2d 605 (2d Cir. 1989).published
    (district court did not give reasons for certification under Rule 54(b) and reasons for certification were not apparent from limited record before the Court)
Other citing cases8 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The NATIONAL BANK OF WASHINGTON
v.
Murray DOLGOV, Halpert, Oberst and Company, Security Pacific National Trust Company, and Security Pacific Clearing & Services Corp.
No. 1254, Docket 88-7250.
Court of Appeals for the Second Circuit.
Jul 18, 1988.
Published opinion
853 F.2d 57
1988 WL 75561
1988 U.S. App. LEXIS 9935
Louis J. Maione, New York City (Kathryn Dalli, Maione & Collins, New York City, on the brief), for plaintiff-appellant., Anthony Djinis, Washington, D.C. (Mar-iAnne Pisarri, Pickard and Djinis, Washington, D.C., Catherine A. Ludden, Gaston & Snow, New York City, on the brief), for defendants-appellees Halpert, Oberst and Co., Sec. Pacific Nat. Trust Co., and Sec: Pacific Clearing & Services Corp.
Cardamone, Kearse, Newman.
Cited by 6 opinions  |  Published
PER CURIAM:

Plaintiff National Bank of Washington (“NBW”) appeals from a judgment of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, dismissing its complaint as to defendants Halpert, Oberst and Company, Security Pacific National Trust Company, and Security Pacific Clearing & Services Corp. (collectively the “dismissed defendants”). Because the case remains pending against another defendant and because the district court has not stated adequate reason for the immediate entry of a final judgment as to the dismissed defendants, we dismiss the appeal for lack of appellate jurisdiction.

BACKGROUND

NBW commenced the present action in December 1987 in connection with the erroneous issuance of a security known as a bank depository receipt (“BDR”), seeking to recover $120,000 (a) from defendant Murray Dolgov for alleged conversion, unjust enrichment, fraud, and negligent misrepresentation with regard to the endorsement of the BDR, or (b) from the dismissed defendants for breach of warranty under Article 8 of the Uniform Commercial Code with regard to the signatures endorsing the BDR. Shortly after commencement of the action, certain of the dismissed defendants advised the court that they wished to move to dismiss the complaint, and on February 11, 1988, the district judge held a conference of all the parties. No written[*58] motion was served or filed, and the proceedings at the conference apparently were not recorded.

On February 26, the court ordered that the complaint be dismissed against all defendants except Dolgov. There was no written opinion or memorandum accompanying the order, nor any statement in the order itself as to the grounds for the dismissal. The order provided “that, there being no just reason for delay, pursuant to Rule 54(b), F.R.Civ.P. and upon the express direction of the Court, final judgment in favor of [the dismissed defendants] shall be entered forthwith.” A document entitled “Partial Judgment,” dated March 22, 1988, was entered accordingly, and this appeal by NBW followed. For the reasons below, we dismiss.

DISCUSSION

Since the decision of the district court challenged here does not relate to an injunction, see 28 U.S.C. § 1292(a)(1) (1982 & Supp. IV 1986), and is not an interlocutory order as to which we have granted leave to appeal, see id. § 1292(b) (1982 & Supp. IV 1986), this Court lacks jurisdiction to hear the present appeal unless the decision is a “final” order within the meaning of 28 U.S. C. § 1291 (1982). An order that adjudicates fewer than all of the claims remaining in the action or adjudicates the rights and liabilities of fewer than all of the parties is not a final order unless the court directs the entry of a final judgment as to the dismissed claims or parties “upon an express determination that there is no just reason for delay.” Fed.R.Civ.P. 54(b).

Respect for the federal policy against piecemeal appeals requires that the district court’s power to enter a final judgment before the entire case is concluded be exercised sparingly. See, e.g., Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 8, 100 S.Ct. 1460, 1464, 64 L.Ed.2d 1 (1980); Cullen v. Margiotta, 811 F.2d 698, 710 (2d Cir.), cert. denied, — U.S. -, 107 S.Ct. 3266, 97 L.Ed.2d 764 (1987). Exercise of that power is reviewable on appeal and may be overturned for abuse of discretion. Curtiss-Wright Corp. v. General Electric Co., 446 U.S. at 8-10, 100 S.Ct. at 1460-66; Cullen v. Margiotta, 811 F.2d at 711. In light of the reviewability of the decision to enter a Rule 54(b) order, “it does not suffice for the district court to announce its determination that ‘there is no just cause for delay’ in conclusory form. Rather, its certification must be accompanied by a reasoned, even if brief, explanation of its conclusion.” Cullen v. Margiotta, 811 F.2d at 711. Thus, in a number of cases, where the certification merely repeated the language of Rule 54(b) in haec verba and provided no illumination as to why there was no just cause for delay, or where the reasons cited by the district court were inadequate, we have dismissed the appeals for lack of a final judgment. See, e.g., Cullen v. Margiotta, 618 F.2d 226, 228 (2d Cir.1980) (per curiam) (haec verba certification); Brunswick Corp. v. Sheridan, 582 F.2d 175, 183 (2d Cir.1978) (stated reasons for certification inadequate); Arlinghaus v. Ritenour, 543 F.2d 461 (2d Cir.1976) (per curiam) (haec verba certification).

The order of the district court in the present case was conclusory in form, merely reciting the language of Rule 54(b) without providing any explanation for the conclusion that a partial final judgment should be entered immediately. Thus, we do not regard the March 22, 1988 Partial Judgment as a proper final judgment. Nor, given the limited record before us, is it at all clear that a Rule 54(b) certification should be entered, since such a certification is generally not appropriate “if the same or closely related issues remain to be litigated against the undismissed defendants.” Cullen v. Margiotta, 811 F.2d at 710. From the allegations in the complaint, it would appear that the claim of forgery asserted against Dolgov is closely related to the claim that the dismissed defendants breached their warranties that the BDR endorsements were genuine and appropriate. Indeed, at the oral argument of this appeal, the panel posed a number of questions relating to the claims against the dismissed defendants and was given answers that apparently have been developed in the discovery currently being conducted on the surviving claim against Dolgov.

[*59] Finally, we note that even if we were presented with a final order within the meaning of § 1291, we would be unable to conduct a meaningful review of the dismissal on the basis of the present record. In dismissing, the district court did not record the reasons for its decision. There is no written opinion, no statement of the grounds of the dismissal in the order itself, no transcript of any grounds for dismissal that the court may have mentioned orally at the conference, and no written motion stating grounds that the court might have endorsed. We trust that when an appropriate final judgment is entered, the record will provide greater illumination of the grounds for the decisions that may be challenged on appeal.

CONCLUSION

The appeal is dismissed for lack of appellate jurisdiction. No costs.