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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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 5 6 GINA MCKEEN-CHAPLIN, individually, on behalf of others similarly situated, and on behalf of the general public, 7 ORDER Plaintiffs, 8 9 No. 2:12-cv-03035-GEB-AC v. PROVIDENT SAVINGS BANK, FSB, 10 Defendant. 11 12 On July 19, 2017, Plaintiffs filed a motion to vacate 13 Defendant’s costs taxed against Plaintiffs in light of the Ninth 14 Circuit’s ruling in Plaintiffs’ favor. 15 Circuit’s mandate concerning the referenced reversal issued on 16 July 17 Circuit’s opinion and mandate, the district court filed an “Order 18 Concerning 19 judgment 20 judgment in favor of Plaintiffs. 21 favor of defendant has been reversed, costs previously awarded to 22 the Defendant as the prevailing party are automatically vacated. 23 See In re Smith, 876 F.2d 524, 527 (6th Cir. 1989) (“[W]hen a 24 judgment is reversed on appeal, any taxation of costs is also 25 automatically vacated.”); Furman v. Cirrito, 782 F.2d 353, 355 26 (2d Cir. 1986) (“When a district court judgment is reversed . . . 27 on appeal, any costs awarded to the previously prevailing party 28 are 27, 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 1 Practice and Procedure § 2668, Westlaw (database updated Apr. 2 2017) (“When a judgment is reversed or substantially modified on 3 appeal, 4 Therefore, Plaintiffs’ July 19, 2017 motion to vacate Defendant’s 5 costs taxed against Plaintiffs is DENIED as moot. 6 Dated: the taxation of costs August 1, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 automatically is vacated.”).

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