Willis v. Mullins, et al

Filing 379

Order re: request for amended judgment, signed by District Judge Anthony W. Ishii on 06/24/2014. (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY WILLIS,

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CASE NO. 1:04-CV-6542 AWI BAM
Plaintiff

ORDER RE: REQUEST FOR
AMENDED JUDGMENT

v.
JOSEPH MULLINS, et al.,

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Defendants

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Defendants have filed a request to amend the judgment to add the language “Defendants
are the prevailing parties and are entitled to an award of reasonable costs.” Doc. 369. Plaintiff

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opposes the request. Doc. 372.
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There is no need to amend the judgment. Costs are governed by Fed. Rule Civ. Proc.
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54(d)(1). The judgment as it exists now does not bar the award of costs in this case. Insofar as
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either party objects to an amount taxed by the clerk, that party may make a motion seeking judicial
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review of the amount. Arguments concerning who qualifies as a prevailing party may be raised at
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that stage of the proceedings.
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Defendants’ request to amend the judgment is DENIED.

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IT IS SO ORDERED.
Dated: June 24, 2014
SENIOR DISTRICT JUDGE