Collier v. Hennessy et al

Filing 200

ORDER by Judge Claudia Wilken DENYING DEFENDANTS 193 MOTION TO AMEND JUDGMENT. (ndr, COURT STAFF) (Filed on 5/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 06-01143 CW
TREMAYNE COLLIER,

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ORDER DENYING
DEFENDANTS’ MOTION
TO AMEND JUDGMENT
(Docket No. 194)

Plaintiff,
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v.
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SHERIFF MICHAEL HENNESSEY, et al.,
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Defendants.
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/

United States District Court
For the Northern District of California

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Defendants Sheriff Michael Hennessey, et al., move to amend
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the judgment to state that they are entitled to costs.

Defendants

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contend that the Court manifestly erred because Federal Rule of
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Civil Procedure 68 mandates that Plaintiff Tremayne Collier pay
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their costs and because the Court denied their recovery of costs
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without explanation.

Plaintiff opposes Defendants’ motion.

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In relevant part, Rule 68 provides, “If the judgment that the
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offeree finally obtains is not more favorable than the unaccepted
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offer, the offeree must pay the costs incurred after the offer was
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made.”

Fed. R. Civ. P. 68 (d).

This provision is “inapplicable in

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a case in which the defendant obtains judgment.”

MRO Commcn’s,

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Inc. v. Am. Tel. & Tel. Co., 197 F.3d 1276, 1280 (9th Cir. 1999)
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(citing Delta Air Lines, Inc. v. August, 450 U.S. 346, 352 (1981)).
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“Where a defendant prevails after making an offer of judgment, ‘the
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trial judge retains his Rule 54(d) discretion.’”

MRO, 197 F.3d at

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1280 (quoting August, 450 U.S. at 354)).

Here, because Defendants

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prevailed, Rule 68(d) does not mandate an award of costs.
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In this civil rights case, the Court denied Defendants’
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recovery of costs based on Plaintiff’s circumstances.

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currently incarcerated and apparently indigent, which supports the

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denial of costs.

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80 (9th Cir. 1999).

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Plaintiff is

Stanley v. Univ. of S. Cal., 178 F.3d 1069, 1079-

For the foregoing reasons, Defendants’ motion is DENIED.
(Docket No. 194.)
IT IS SO ORDERED.

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Dated:

5/9/2011
CLAUDIA WILKEN
United States District Judge

United States District Court
For the Northern District of California

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