Community Financial Services Association of America, Ltd. v. Federal Deposit Insurance Corporation
Civil Action No. 2014-0953
| D.D.C. | Apr 25, 2017Background
- CFSA and Advance America sued FDIC, FedDefendants alleging Operation Choke Point violated the APA and due process rights of CFSA's members.
- September 25, 2015 order dismissed the APA claims; December 19, 2016 order dismissed CFSA as a party for lack of standing.
- January 16, 2017 CFSA mov纳 for entry of final judgment under Rule 54(b) to appeal CFSA I and CFSA II.
- New Plaintiffs joined the case while the Rule 54(b) motion was pending, and the court denied their preliminary injunction request.
- The court denied certification under Rule 54(b), finding no just reason for delay and noting potential for piecemeal appeals and unified review after remaining litigation is resolved.
- The ruling leaves remaining due process claims and other motions to be resolved in due course.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 54(b) certification is appropriate for CFSA I and CFSA II. | CFSA/Advance America seek appellate review of final orders. | Defendants contend certification is unwarranted. | Not warranted. |
| Whether there is no just reason for delay to justify immediate appeal. | Movants argue no substantial delay in review and unified appeal is feasible. | Court should avoid piecemeal appeals; delay is justified. | No just reason for delay found. |
| Whether allowing piecemeal appeals is appropriate given overlapping facts. | Separable issues with different standards; appeal should proceed. | Overlapping nucleus of facts favors consolidated review. | Piecemeal appeals avoided; denial of 54(b) certification. |
Key Cases Cited
- Taylor v. FDIC, 132 F.3d 753 (D.C. Cir. 1997) (requirement to state reasons and no just reason for delay analysis under Rule 54(b))
- Stewart v. Gates, 277 F.R.D. 33 (D.D.C. 2011) (separability and judicial efficiency in 54(b) determinations)
- Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1 (1980) (no just reason for delay factors and finality considerations)
- Asemani v. Govt. of Islamic Republic of Iran, 304 F. App'x 871 (D.C. Cir. 2008) (unpublished; finality considerations in 54(b) context)
- Grodidier v. Chairman, Broad. Bd. of Governors, 774 F. Supp. 2d 76 (D.D.C. 2011) (judicial administration concerns in Rule 54(b) decisions)
- Brooks v. Dist. Hosp. Partners, L.P., 606 F.3d 800 (D.C. Cir. 2010) (piecemeal appeals standard under Rule 54(b))
- Capitol Transit Co. v. District of Columbia, 225 F.2d 38 (D.C. Cir. 1955) (no just reason for delay analysis)