Williams v. State of Ca, et al

Filing 47

ORDER ON REQUEST AND APPLICATION FOR RENEWAL OF JUDGMENT, signed by District Judge Anthony W. Ishii on 9/16/2016. (Kusamura, W)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 TARA WILLIAMS, 7 Plaintiff 8 9 10 CASE NO. 1:03-CV-6314 AWI new ORDER ON REQUEST AND APPLICATION FOR RENEWAL OF JUDGMENT v. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS, and SAM CALDWELL 11 (Doc. Nos. 45, 46) Defendants 12 13 On September 18, 2006, this Court adopted a Findings and Recommendation and granted 14 default judgment in favor of Plaintiff and against Defendant Sam Rockwell for $75,000 ($50,000 15 in compensatory damages and $25,000 in punitive damages). See Doc. No. 44. The case was 16 closed on October 13, 2006.1 17 On August 29, 2016 and August 30, 2016, Plaintiff requested a renewal of judgment and 18 filed a formal application for renewal. See Doc. Nos. 29, 30. In her renewal application, Plaintiff 19 includes inter alia a request for costs in the amount of $1,000.00. See Doc. No. 30. However, 20 costs were never awarded in this matter. Therefore, Plaintiff’s request for $1,000.00 in costs is 21 improper. Because Plaintiff has requested costs that were not awarded, the Clerk’s office will not 22 grant Plaintiff’s application for a renewal. The Court will deny Plaintiff’s application without prejudice to submitting a new 23 24 application for a renewal of judgment. If Plaintiff chooses to file a new application for renewal of 25 judgment, she shall not include a request for costs because no costs were awarded in this case. 26 27 28 1 A separate judgment was not entered. By operation of Federal Rule of Civil Procedure 58, the Court’s order adopting the Findings and Recommendation and awarding default judgment is the judgment in this case, and that judgment was deemed entered 150 days after the order was filed. See Fed. R. Civ. P. 58(c)(2)(B); Kremen v. Cohen, 609 Fed. Appx. 945, 946 (9th Cir. 2014); Mondragon v. Thompson¸519 F.3d 1078, 1081-82 (10th Cir. 2008). 1 2 ORDER Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request and application for 3 renewal of judgment (Doc. Nos. 45, 46) are DENIED without prejudice to Plaintiff submitting a 4 new application for renewal, consistent with this order. 5 6 7 IT IS SO ORDERED. Dated: September 16, 2016 SENIOR DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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