United States of America v. King Mountain Tobacco Company Inc

Filing 112

ORDER GRANTING MOTION TO ALTER OR AMEND JUDGMENT. Granting 102 Motion to Alter Judgment. Signed by Judge Rosanna Malouf Peterson. (SK, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,
NO: 2:12-CV-3089-RMP
Plaintiff/Counter Defendant,

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ORDER GRANTING MOTION TO
ALTER OR AMEND JUDGMENT

v.
KING MOUNTAIN TOBACCO
COMPANY, INC.,

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Defendant/Counter Claimant.

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BEFORE THE COURT is the United States’ Motion to Alter or Amend

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Judgment, ECF No. 102. The Court has reviewed the motion, the response

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memorandum (ECF No. 105), the reply memorandum (ECF No. 107), and is fully

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informed.

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Under Federal Rule of Civil Procedure 60(a), “a clerical mistake or a

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mistake arising from oversight or omission” on a judgment “may be correct only

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with the appellate court’s leave” once an appeal has been docketed in the appellate

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court. Fed. R. Civ. P. 60(a). Accordingly, on March 16, 2015, the Court entered an
ORDER GRANTING MOTION TO ALTER OR AMEND JUDGMENT ~ 1

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indicative ruling finding that “it would grant the United States’ motion to amend

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the judgment to include the amount owing of $57,914,811.27 as of June 11, 2013,

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plus interest and other statutory additions accruing after that date until paid in full,

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if the Ninth Circuit remanded the case for that limited purpose.” ECF No. 110 at 3.

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However,

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when a district court attempts to correct a ‘clerical error’ under Federal
Rule of Civil Procedure 60(a) after a notice of appeal has been filed,
and the correction does not represent a change of position, but rather
simply clarifies the court’s intended action, a remand to effectuate that
intent is a matter of mere form.

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Morris v. Morgan Stanley & Co., 942 F.2d 648, 654 (9th Cir. 1991) (internal

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citations omitted). As indicated in the Court’s prior order, the amount owing was

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mistakenly omitted from the judgment. See ECF No. 110 at 3. As such, the Court

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GRANTS the United States’ motion to amend to include the amount owing as

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such a correction does not “represent a change of position” and instead “simply

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clarifies the court’s intended action.” See Morris, 942 F.2d at 654.

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Accordingly, IT IS HEREBY ORDERED that the United States’ Motion

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to Alter or Amend Judgment, ECF No. 102, is GRANTED.

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ORDER GRANTING MOTION TO ALTER OR AMEND JUDGMENT ~ 2

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The District Court Clerk is directed to enter this Order, enter an amended

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judgment to include the amount owing of $57,914,811.27 as of June 11, 2013,

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plus interest and other statutory additions accruing after that date until paid

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in full, and provide copies to counsel.

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DATED this 3rd day of June 2016.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER GRANTING MOTION TO ALTER OR AMEND JUDGMENT ~ 3