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SECURITIES AND EXCHANGE v. STEVEN E. MUTH AND DOOR CHAIR

United States District Court, S.D. California


November 1, 2005.

SECURITIES AND EXCHANGE COMMISSION Plaintiff,
v.
STEVEN E. MUTH AND DOOR CHAIR, LTD., Defendants.

The opinion of the court was delivered by: WILLIAM HAYES, District Judge

OPINION AND ORDER

The matter before the court is Plaintiff's Motion (#76) to Amend the Final Judgment pursuant to Rule 60(a) of the Federal Rules of Civil Procedure.

On August 4, 2005, this Court entered an order finding that Plaintiff was entitled to judgment against Defendant Muth for disgorgement in the amount of $1,497,343; prejudgment interest on this amount calculated pursuant to 28 U.S.C. ยง 1961 to the date of judgment; and a civil penalty in the amount of $110,000. The Court ordered Plaintiff to prepare the appropriate judgment. On August 16, 2005, this Court signed and filed the Final Judgment submitted by the Plaintiff. Plaintiff moves the Court to file an amended judgment on the grounds that a clerical error was made in the Final Judgment prepared and submitted by the Plaintiff. Plaintiff explains that the total dollar amount on page 2, line 1 of the Final Judgment did not include the civil penalty amount of $110,000 adjudged on Page 1, line 28.

  Rule 60(a) of the Federal Rules of Civil Procedure provides in part that "[c]lerical mistakes in judgment . . . may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders." This matter has been properly noticed and the Defendant has not filed any response. The Final Judgment on Page 2 does not accurately add together the correct amounts adjudged to be owing in the Final Judgment on Page 1. The court finds that this is a clerical which can be corrected pursuant to Rule 60(a).

  IT IS HEREBY ORDERED that Plaintiff's Motion (#76) to Amend the Final Judgment pursuant to the Rule 60(a) of the Federal Rules of Civil Procedure is GRANTED. The Court will sign and file the Amended Final Judgment of Disgorgement and Imposing Civil Penalty against Steven E. Muth.

20051101

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