govinfo:USCOURTS-okwd-5_22-cv-00200-7

UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF OKLAHOMA 
 
BRIFEN USA, INC., ) 
 ) 
 Plaintiff, ) 
 ) 
v. ) Case No. CIV-22-200-G 
 ) 
BRIGGS BROTHERS ENTERPRISES ) 
CORPORATION et al., ) 
 ) 
 Defendants. ) 
ORDER 
Now before the Court is a Motion to Enter Final Judgment (Doc. No. 105) filed by 
Plaintiff Brifen USA, Inc. No response was filed within the time allowed by local rule. 
I. Background 
Plaintiff initiated this diversity action on March 10, 2022, bringing claims against 
Defendant RLI Insurance Company (“RLI”) and Defendant Briggs Brothers Enterprises 
Corporation (“Briggs”). On March 29, 2024, the Court dismissed all claims against RLI 
without prejudice pursuant to Federal Rule of Civil Procedure 12(b)(2). Brifen USA, Inc. 
v. Briggs Bros. Enters. Corp. , No. CIV -22-200-G, 2026 WL 880392, at *1 (W.D. Okla. 
Mar. 31, 2026). 
Plaintiff filed a motion for new trial , which the Court denied . Id. Plaintiff then 
moved the Court to vacate the dismissal and instead transfer Plaintiff’s claims against RLI 
to another federal district court. Id. at *2. On March 31, 2026, the Court denied Plaintiff’s 
motion and additionally held: 

2 
“[T]here is no just reason for delay” of entry of final judgment as to the 
March 29, 2024 dismissal of all claims against Defendant RLI Insurance 
Company without prejudice. Fed. R. Civ. P. 54(b); see Curtis [s]-Wright 
Corp. v. Gen. Elec. Co., 446 U.S. 1, 7-8 (1980). 
IT IS THEREFORE ORDERED that a separate judgment of dismissal of 
these claims shall be entered. 
Id. at *3. That same date, the Court entered Judgment (Doc. 93) dismissing all claims 
against RLI and ordered that the case be administratively closed pending the completion 
of the bankruptcy action filed by Briggs. See Admin. Closing Order (Doc. No. 94). 
Plaintiff appealed the Judgment . See Doc. No. 97. On May 14, 2026, the Tenth 
Circuit issued an Order in the appeal concluding that the above-quoted certification under 
Federal Rule of Civil Procedure 54(b) “is not sufficient to confer appellate jurisdiction on 
this Court.” Tenth Cir. Order of May 14, 2026, at 2 (Doc. No. 104). 
Plaintiff then filed in this Court the instant Motion to Enter Final Judgment, and the 
Tenth Circuit abated the appeal. See Tenth Cir. Order of May 21, 2026 (Doc. No. 106). 
II. Discussion 
 Plaintiff now requests that the Court certify the Dismissal Order (Doc. No. 92) for 
appeal pursuant to Federal Rule of Civil Procedure 54(b). See Pl.’s Mot. to Enter J. at 2 -
3. In light of the Tenth Circuit’s May 14, 2026 and May 21, 2026 Orders, which abated 
Plaintiff’s appeal while Plaintiff sought a more detailed Rule 54(b) certification, the Court 
assumes that it has jurisdiction to consider and grant the relief requested.1 
 
1 Alternatively, this order may be considered as an indicative ruling insofar as the Tenth 
Circuit Court of Appeals concludes that Plaintiff’s motion is barred but may be subject to 
remand to this Court for disposition. See Fed. R. Civ. P. 62.1; Fed. R. App. P. 12.1(b). 

3 
“When an action presents more than one claim for relief . . . or when multiple parties 
are involved, the court may direct entry of a final judgment as to one or more, but fewer 
than all, claims or parties only if the court expressly determines there is no just reason for 
delay.” Fed. R. Civ. P. 54(b). The Court finds that such a final judgment should be entered 
and that the Dismissal Order should be certified for appeal pursuant to Rule 54(b), based 
upon the following considerations. 
First, the Court concludes that the Dismissal Order, which denied Plaintiff’s request 
to vacate the dismissal of all claims against RLI, is “final” as to Plaintiff’s claims against 
RLI, because it is a decision on the merits “upon a cognizable claim for relief” and an 
“ultimate disposition” of that claim. Curtiss-Wright Corp. , 446 U.S. at 7 (internal 
quotation marks omitted) ; cf. Butler v. Daimler Trucks N. Am., LLC , No. 19-CV-2377, 
2021 WL 492427, at *2 & n.13 (D. Kan. Feb. 10, 2021) (citing cases holding that “an order 
dismissing a defendant for lack of personal jurisdiction is a final judgment for purposes of 
Rule 54(b) because it is an ultimate disposit ion of the claims against the dismissed 
defendant in the court issuing the order” (alteration and internal quotation marks omitted)). 
Second, the Court finds there is “no just reason to delay review” of the Dismissal 
Order until the lifting of the automatic stay and any post -bankruptcy disposition of 
Plaintiff’s claims against Briggs. Okla. Tpk. Auth. v. Bruner , 259 F.3d 1236, 1242 (10th 
Cir. 2001). In so finding, the Court notes that Plaintiff’s breach of contract claims against 
 
Pursuant to Rule 62.1 of the Federal Rules of Civil Procedure, the Court states that it would, 
in the event of remand, make the findings and enter the relief set forth herein. 

4 
RLI are factually and legally “separable” from the claims raised against Briggs . 
Stockman’s Water Co. v. Vaca Partners, L.P. , 425 F.3d 1263, 1265 (10th Cir. 2005); see 
Pl.’s Mot. to Enter J. at 2 -3. Compare Compl. ¶¶ 16 -17, with id. ¶¶ 14-15. It therefore 
does not appear that the appellate court “would have to decide the same issues more than 
once even if there were subsequent appeals.” Curtiss-Wright Corp., 446 U.S. at 8. Further, 
Plaintiff credibly represents that it will be “substantially harmed” by a lengthy and 
uncertain delay in seeking relief against RLI. Pl.’s Mot. to Enter J. at 2-3; see also Butler, 
2021 WL 492427, at *3 (citing PYCA Indus., Inc. v. Harrison Cnty. Water Waste Mgmt. 
Dist., 81 F.3d 1412, 1421 (5th Cir. 1996)). 
CONCLUSION 
For these reasons, Plaintiff’s Motion to Enter Judgment (Doc. No. 105) is 
GRANTED. Pursuant to Federal Rule of Civil Procedure 54(b), the Court DIRECTS 
ENTRY OF A FINAL JUDGMENT reflecting this Court’s March 29, 2024 dismissal 
without prejudice of all claims asserted by Plaintiff Brifen USA, Inc. against Defendant 
RLI Insurance Company , as well as the Court’s denial of Plaintiff’s motion for new trial 
and motion to vacate that dismissal. 
IT IS SO ORDERED this 12th day of June, 2026. 
 

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