Gibson v. Calhoun, County of et al

Filing 41

ORDER AMENDING JUDGMENT; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, cmc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FRANK GIBSON,
Plaintiff,

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-v)
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CALHOUN COUNTY, JARROD GOODRICH,
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SCOTT HAMILTON, SCOTT AUSTAD,
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JEREMY MASTERS, and MIKE ZALESKI,
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Defendants.
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____________________________________)

No. 1:12-cv-1229
HONORABLE PAUL L. MALONEY

ORDER AMENDING JUDGMENT
This Court recently denied the parties’ stipulation for dismissal of the lawsuit. As part of that
stipulation, the parties noted that, because the lawsuit settled, the parties did not litigate the issue of
liability and this Court did not make any determinations as to liability. Nevertheless, in the Rule 58
Judgment, the Court entered judgment in favor of Plaintiff and against Defendants.
As allowed by Rule 60(a), a court may, on its own, correct a mistake arising from a clerical
error, oversight, or omission. See American Trucking Ass’ns v. Frisco Transp. Co., 358 U.S. 133,
145 (1958). As the parties have correctly noted, liability was never determined during the litigation
of the lawsuit. Therefore, the Court exercises its authority to correct the Judgment issued in this
case. No new separate document is required. See Fed. R. Civ. P. 58(a)(5). The Amended Judgment
shall read:

The court has reviewed and approved a stipulation by the parties to settle the case. In
exchange for $91,000, Frank Gibson agrees that the causes of action in his complaint are
DISMISSED WITH PREJUDICE AND WITHOUT COSTS.
As required by Rule 58 of the Federal Rules of Civil Procedure, this JUDGMENT issues.
THIS ACTION IS TERMINATED.
IT IS SO ORDERED.

Date:

July 17, 2014

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge

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