Davis, et al v. J.P. Morgan Chase &

Filing 133

ORDER granting plaintiff's 127 Motion to Vacate 126 Costs Taxed.Costs entered in the District Court must be vacated if its decision is later reversed on appeal. To the extent plaintiff now seeks an award of costs in his favor, that motion is denied. No final order has been entered in favor of plaintiff, and, therefore, an award of costs is premature. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 1/7/10. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ ANDREW WHALEN, Plaintiff, DECISION AND ORDER 01-CV-6492L v. JP MORGAN CHASE BANK, Defendant. ________________________________________________

Pursuant to this Court's Order and Judgment granting summary judgment in favor of defendant (Dkt. ## 114, 115), the Clerk of Court taxed costs against plaintiff in the amount of $5,024.47 (Dkt. #126). Because the Second Circuit has reversed the Judgment of this Court, plaintiff now moves (Dkt. #127) to vacate the award of costs entered against plaintiff. That motion is granted. Costs entered in the District Court must be vacated if its decision is later reversed on appeal. To the extent plaintiff now seeks an award of costs in his favor, that motion is denied. No final order has been entered in favor of plaintiff and, therefore, an award of costs is premature. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York January 7, 2010.