Hopper v. Consumer Adjustment Company, Inc. et al

Filing 19

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Judgment entered on October 22, 2013, will be amended under Fed. R. Civ. P. 60(a) to reflect an award of costs. IT IS FURTHER ORDERED that plaintiff's motion to enforce judgment # 18 is denied as moot without prejudice to be refiled if defendants fail and refuse to comply with the Amended Judgment. Signed by District Judge Rodney W. Sippel on 4/23/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HEATHER HOPPER,

)
)
Plaintiff,
)
)
vs.
)
)
CONSUMER ADJUSTMENT CO., )
INC., et al.,
)
)
Defendants.
)

Case No. 4:13CV1840 RWS

MEMORAND UM AND ORDER
On October 22, 2013, I entered Judgment in favor of plaintiff based on an
acceptance of offer of judgment filed October 21, 2013. Defendants offer of
judgment was for the amount of $1,001.00, plus costs and reasonable attorney’s
fees. Plaintiff then waived her right to attorney’s fees on November 1, 2013.
Therefore, the Judgment entered by the Court should have been for $1,001.00, plus
costs. In a clerical mistake, however, the award of costs was unintentionally
omitted from the Judgment. Apparently, defendants have now paid plaintiff
$1,001.00, but refuse to pay her costs, which amount to $520.00. Under Fed. R.
Civ. P. 60(a), the Court may correct the error in the Judgment to reflect the award of
costs in addition to the amount of $1,001.00. I trust this will resolve the dispute
between the parties and that no further involvement by the Court will be required.

Accordingly,
IT IS HEREBY ORDERED that the Judgment entered on October 22,
2013, will be amended under Fed. R. Civ. P. 60(a) to reflect an award of costs.
IT IS FURTHER ORDERED that plaintiff’s motion to enforce judgment
[#18] is denied as moot without prejudice to be refiled if defendants fail and refuse
to comply with the Amended Judgment.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 23rd

day of April, 2014.

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