Federal Trade Commission v. Publishers Business Services, Inc. et al

Filing 254

ORDER Denying 249 Motion for Costs Pursuant to Rule 68 of the Federal Rules of Civil Procedure. Signed by Judge Philip M. Pro on 9/7/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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2:08-CV-00620-PMP-PAL

)
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Plaintiff,
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vs.
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PUBLISHERS BUSINESS SERVICES, )
INC., a corporation; ED DANTUMA )
ENTERPRISES, INC., a corporation, )
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also dba PUBLISHERS DIRECT
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SERVICES and PUBLISHERS
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BUSINESS SERVICES; PERSIS
DANTUMA; EDWARD DANTUMA; )
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BRENDA DANTUMA CHANG;
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DRIES DANTUMA; DIRK
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DANTUMA; and JEFFREY
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DANTUMA, individually and as
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officers or managers of publishers
Business Services, Inc., or Ed Dantuma )
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Enterprises, Inc.,
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Defendants.
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FEDERAL TRADE COMMISSION,

ORDER

The Court having read and considered Defendants’ Motion for Costs

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Pursuant to Rule 68 of the Federal Rules of Civil Procedure (Doc. #249), Plaintiff’s

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Response in Opposition thereto (Doc. #250), and Defendants’ Reply (Doc. #251),

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and finding that Defendants are not entitled as “prevailing parties,” and are not

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entitled to recover costs under the EAJA, 28 U.S.C. § 2412, and good cause

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appearing,

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///
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IT IS ORDERED that Defendants’ Motion for Costs Pursuant to Rule 68
of the Federal Rules of Civil Procedure (Doc. #249) is DENIED.

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DATED: September 7, 2011.

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PHILIP M. PRO
United States District Judge

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