Thai Meditation Association of Alabama, Inc. et al v. City of Mobile, Alabama et al

Filing 170

FINAL JUDGMENT entered in favor of City of Mobile, Alabama against Thai Meditation Association of Alabama, Inc., Prasit Nimityongskul, Serena Nimityongskul, Sivaporn Nimityongskul, Varin Nimityongskul. Defendant shall be awarded costs reasonable incurred in connection with this case. Motion due by 6/17/2019, with any response due by 6/27/19. Signed by District Judge Terry F. Moorer on 05/28/2018. (mab)

Case 1:16-cv-00395-TFM-MU Document 170 Filed 05/28/19 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THAI MEDITATION ASSOCIATION
OF ALABAMA, INC., et al.,
Plaintiffs,
vs.
CITY OF MOBILE, ALABAMA,
Defendant.

:
:
:
:
:
:
:
:
:
:

CIVIL ACT. NO. 1:16-cv-395-TFM-MU

FINAL JUDGMENT
In accordance with the Memorandum Opinion and Order (Doc. 169) that was entered on
May 24, 2019, it is hereby ORDERED, ADJUDGED, and DECREED that Judgment is entered
in favor of the Defendant and against the Plaintiffs. Plaintiffs shall recover nothing by this suit.
To the extent appropriate under Fed. R. Civ. P. 54(d), 28 U.S.C. § 1920, and 42 U.S.C. §
1988, Defendants shall be awarded costs reasonably incurred in connection with this case.1 Any
request for costs shall also include the appropriate evidence in support of any requests. The motion
shall be due on or before June 17, 2019, with any response due on or before June 27, 2019.
The Clerk of Court is DIRECTED to enter this document on the civil docket as a final
judgment pursuant to Fed. R. Civ. P. 58. This case is hereby closed.

1

“[A] district court may in its discretion award attorneys’ fees to a prevailing defendant in a . . .
[§] 1983 action upon a finding that the plaintiff’s lawsuit was ‘frivolous, unreasonable, or without
foundation.’” Sullivan v. Sch. Bd. of Pinellas Cty., 773 F.2d 1182, 1188 (11th Cir. 1985) (quoting
Hughes v. Rowe, 449 U.S. 5, 14, 101 S. Ct. 173, 66 L. Ed. 2d 163 (1980)); see also S. Atl. Cos.,
LLC v. Sch. Bd. of Orange Cty., 699 F. App’x 842 (11th Cir. 2017) (quoting Sullivan, 773 F.2d at
1188). The Court declines to make a sua sponte finding of “frivolity” as Plaintiffs’ case survived
summary judgment and resulted in a multi-day bench trial.
Page 1 of 2

Case 1:16-cv-00395-TFM-MU Document 170 Filed 05/28/19 Page 2 of 2

DONE and ORDERED this the 28th day of May 2019.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

Page 2 of 2