Legal Opinion

Mitchell v. LYONS PROFESSIONAL SERVICES, INC.

District Court, E.D. New York

Decided July 12, 2010No. 09 Civ. 1587(BMC)PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

The issue before the Court is whether the vacatur of a default judgment against one defendant requires vacatur of the judgment against another defaulting defendant because the judgment is no longer final. The Court holds that Fed.R.Civ.P. 54(b) may appropriately be used in this circumstance to avoid vacating the judgment in its entirety.

BACKGROUND

The four female plaintiffs brought this employment discrimination action under federal, state, and local law against their former employer, Lyons Professional Services, Inc. (“Lyons”). In addition to…

2Cases cited12 opinions

  1. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  2. Catlin v. United StatesSupreme Court of the United States · 1945
  3. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
  4. Frow v. De La VegaSupreme Court of the United States · 1872
  5. Frank J. Ginett, Cross-Appellant v. Computer Task Group, Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992

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3Cited by7 opinions

  1. Abbott Laboratories v. Adelphia Supply USADistrict Court, E.D. New York · 2020
  2. American Transit Insurance Company v. PierreDistrict Court, E.D. New York · 2025
  3. Gesualdi v. Advanced Ready Mix Corp.District Court, E.D. New York · 2022
  4. Holliman v. ASA College, Inc.District Court, E.D. New York · 2024
  5. Louis v. The City of New YorkDistrict Court, E.D. New York · 2025

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