Okabayashi v. Travelers Home and Marine Insurance Company

Filing 44

ORDER - The parties' Joint Motion for Entry of Form of Judgment (Doc. 43 ) is GRANTED. FURTHER ORDERED that Defendant's Bill of Costs (Doc. 42 ) is withdrawn. FINALLY ORDERED directing the Clerk of the Court to enter an Amended Clerks Judgment as set forth in this order. See document for further details. Signed by Judge Diane J Humetewa on 3/26/2019. (RMV)

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WO

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Diana Okabayashi,
Plaintiff,

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ORDER

v.

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No. CV-17-03612-PHX-DJH

Travelers Home and Marine Insurance
Company,

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Defendant.

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Before the Court is the parties’ Joint Motion for Entry of Form of Judgment

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(Doc. 43). On March 6, 2019, the Court granted Defendant’s Motion for Summary

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Judgment (Doc. 40). Also on March 6, 2019, the Court entered a Clerk’s Judgment,

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ordering that “judgment is entered in favor of defendants and against plaintiff. Plaintiff to

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take nothing, and the complaint and action are dismissed with prejudice.” (Doc. 41). On

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March 11, 2019, Defendant filed a Bill of Costs. (Doc. 42).

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In their Joint Motion for Entry of Form of Judgment, the parties provide that they

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have reached an agreement that Defendant shall not seek costs, even though judgment was

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entered in favor of Defendant. (Doc. 43). The parties therefore request to withdraw

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Defendant’s Bill of Costs (Doc. 42) and that the Court amend the Clerk’s Judgment (Doc.

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41) to reflect the parties’ agreement that both Plaintiff and Defendant will take nothing.

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(Id.)

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Accordingly,

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IT IS ORDERED that parties’ Joint Motion for Entry of Form of Judgment

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(Doc. 43) is GRANTED;
IT IS FURTHER ORDERED that Defendant’s Bill of Costs (Doc. 42) is
withdrawn; and

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IT IS FINALLY ORDERED directing the Clerk of the Court to enter an Amended

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Clerk’s Judgment as follows: “IT IS ORDERED AND ADJUDGED that pursuant to the

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Court’s Order granting Defendant’s Motion for Summary Judgment filed on March 6, 2019

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(Doc. 40), judgment is entered in favor of Defendant and against Plaintiff.

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FURTHER ORDERED that Plaintiff and Defendant to take nothing, and the action is

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hereby terminated.”

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Dated this 26th day of March, 2019.

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Honorable Diane J. Humetewa
United States District Judge

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IT IS