McKeen-Chaplin v. Provident Savings Bank, F.S.B.

Filing 116

ORDER signed by District Judge Garland E. Burrell, Jr on 8/1/2017 DENYING as MOOT #111 Motion to Vacate. (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GINA MCKEEN-CHAPLIN,
individually, on behalf of
others similarly situated,
and on behalf of the general
public,

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ORDER

Plaintiffs,

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No. 2:12-cv-03035-GEB-AC

v.
PROVIDENT SAVINGS BANK, FSB,

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Defendant.

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On July 19, 2017, Plaintiffs filed a motion to vacate

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Defendant’s costs taxed against Plaintiffs in light of the Ninth

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Circuit’s ruling in Plaintiffs’ favor.

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Circuit’s mandate concerning the referenced reversal issued on

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July

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Circuit’s opinion and mandate, the district court filed an “Order

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Concerning

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judgment

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judgment in favor of Plaintiffs.

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favor of defendant has been reversed, costs previously awarded to

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the Defendant as the prevailing party are automatically vacated.

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See In re Smith, 876 F.2d 524, 527 (6th Cir. 1989) (“[W]hen a

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judgment is reversed on appeal, any taxation of costs is also

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automatically vacated.”); Furman v. Cirrito, 782 F.2d 353, 355

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(2d Cir. 1986) (“When a district court judgment is reversed . . .

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on appeal, any costs awarded to the previously prevailing party

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are

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2017.

ECF

Judgments”

entered

automatically

in

No. 113.

on

In

July

favor

31,

of

vacated.”);

ECF No. 111.

accordance

2017,

Defendant

ECF No. 114.

10 Alan
1

with

vacating
and

Wright

The Ninth

the

a

entering

Ninth

previous
summary

Since judgment in

et

al.,

Federal

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Practice and Procedure § 2668, Westlaw (database updated Apr.

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2017) (“When a judgment is reversed or substantially modified on

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appeal,

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Therefore, Plaintiffs’ July 19, 2017 motion to vacate Defendant’s

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costs taxed against Plaintiffs is DENIED as moot.

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Dated:

the

taxation

of

costs

August 1, 2017

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automatically

is

vacated.”).