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MITCHELL v. LYONS PROFESSIONAL SERVICES, INC.

No. 09 Civ. 1587(BMC).

727 F.Supp.2d 116 (2010)

Keesha MITCHELL, et al., Plaintiffs, v. LYONS PROFESSIONAL SERVICES, INC., Richard Trim, and Larry Tatum, Defendants.

United States District Court, E.D. New York.

July 12, 2010.

Attorney(s) appearing for the Case

Gary Newlin Rawlins , The Law Offices of Gary N. Rawlins, New York, NY, for Plaintiffs.

Raymond Anthony Giusto , East Islip, NY, John L. Sampson , Adams, Sampson & Associates, LLC, Brooklyn, NY, for Defendants.

Terry Tatum , Jamaica, NY, pro se.

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...

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