HINTON v. OUTBOARD MARINE CORPORATION et al

Filing 189

ORDER dismissing as moot 188 Motion for Waiver. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MICHAEL HINTON,
Plaintiff,
v.
OUTBOARD MARINE
CORPORATION,
Defendant.

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1:09-cv-00554-JAW

ORDER ON DEFENDANTS’ OUTBOARD MARINE CORPORATION
AND OMC RECREATIONAL BOAT GROUP, INC.’S
UNOPPOSED MOTION FOR WAIVER
On April 9, 2012, the Court entered Judgment in favor of the Defendants and
against the Plaintiff pursuant to the jury verdict dated February 2, 2012. J. (ECF
No. 187). On May 4, 2012, the Defendants filed an unopposed motion for waiver,
revealing that the parties had agreed that in exchange for the Plaintiff’s not filing
an appeal, the Defendants would not pursue a Bill of Costs, and asking the Court to
affirm this private agreement by order. Defs.’ Outboard Marine Corp. and OMC
Recreational Boat Grp., Inc.’s Unopposed Mot. for Waiver (ECF No. 188).
The issue has been eclipsed with the passage of time. The thirty-day period
for appeal under Federal Rule of Appellate Procedure 4 lapsed on May 9, 2012, FED.
R. APP. P. 4 (“must be filed with the district clerk within 30 days after entry of the
judgment or order appealed from”), and the thirty-day period for filing a Bill of
Costs under District of Maine Local Rule 54.3 lapsed on June 9, 2012. D. ME. LOC.
R. 54.3 (“shall be filed . . . within thirty (30) days of the expiration of the time for

filing a timely appeal if no notice of appeal has been filed”). As the parties have
accomplished by inaction the relief they sought from the Court, the Court
DISMISSES the Defendants’ Motion as moot.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 13th day of June, 2012

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