United States District Court, S.D. California
November 1, 2005.
SECURITIES AND EXCHANGE COMMISSION Plaintiff,
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. § 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.
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