Margaret Morris v. Kenneth Atchity et al

Filing 188

ORDER Re Defendants' Objections to Plaintiff's Proposed Judgment 184 by Judge Ronald S.W. Lew. The Court finds that Plaintiff's Proposed Judgment does not reflect the prevailing parties in this Action and the respective Parties who a re entitled to recoup their costs pursuant to Federal Rule of Civil Procedure 54(d). Accordingly, the Final Judgment entered by this Court will include the payment of costs to the prevailing parties. As such, the Court SUSTAINS Defendants' Objections to Plaintiff's Proposed Judgment 184 . (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 Margaret Morris,
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Plaintiff,
vs.

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Kenneth Atchity, et al.,
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Defendants.

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CV 08-5321 RSWL (JCx)
ORDER RE: DEFENDANTS’
OBJECTIONS TO
PLAINTIFF’S PROPOSED
JUDGMENT

Defendants’ Objections to Plaintiff’s Proposed

19 Judgment [184] are SUSTAINED.
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Federal Rule of Civil Procedure 54(d) creates a

21 presumption in favor of awarding costs to a prevailing
22 party. Ass’n of Mexican-American Educators v. State of
23 California, 231 F.3d 572, 591 (9th Cir. 2000); National
24 Info. Servs., Inc. v. TRW, Inc., 51 F.3d 1470, 1471
25 (9th Cir. 1995).

The Court finds that Plaintiff’s

26 Proposed Judgment does not reflect the prevailing
27 parties in this Action and the respective Parties who
28 are entitled to recoup their costs pursuant to Federal
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1 Rule of Civil Procedure 54(d).

Accordingly, the Final

2 Judgment entered by this Court will include the payment
3 of costs to the prevailing parties.
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As such, the Court SUSTAINS Defendants’ Objections

5 to Plaintiff’s Proposed Judgment.
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7 IT IS SO ORDERED.
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9 DATED: June 27, 2011
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HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge

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