Floyd

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL DEVIN FLOYD, Case No. 23-cv-00871-EMC

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION FOR ENTRY OF

JUDGMENT UNDER RULE 54(B)

24 HOUR FITNESS USA, LLC, Defendant. Docket No.

12 13 Previously, the Court dismissed with prejudice three of Plaintiff’s claims: false imprisonment; slander/defamation; and intentional infliction of emotional distress (“IIED”). In the pending motion, Plaintiff asks the Court to enter a partial final judgment on those claims so that he may appeal them. See Fed. R. Civ. P. 54(b). He then asks the Court to stay the remainder of this case while his appeal is pending before the Ninth Circuit. He notes that this would avoid the necessity of two trials. Plaintiff’s motion is, in large part, moot. This is because, in conjunction with the motion, Plaintiff has submitted new information for the Court to consider and, based on this information, the Court reevaluates Plaintiff’s…