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Margaret Morris v. Kenneth Atchity

June 27, 2011

MARGARET MORRIS, PLAINTIFF,
v.
KENNETH ATCHITY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER RE: DEFENDANTS' OBJECTIONS TO PLAINTIFF'S PROPOSED JUDGMENT

Defendants' Objections to Plaintiff's Proposed Judgment [184] are SUSTAINED.

Federal Rule of Civil Procedure 54(d) creates a presumption in favor of awarding costs to a prevailing party. Ass'n of Mexican-American Educators v. State of California, 231 F.3d 572, 591 (9th Cir. 2000); National Info. Servs., Inc. v. TRW, Inc., 51 F.3d 1470, 1471 (9th Cir. 1995). The Court finds that Plaintiff's Proposed Judgment does not reflect the prevailing parties in this Action and the respective Parties who are entitled to recoup their costs pursuant to Federal Rule of Civil Procedure 54(d). Accordingly, the Final Judgment entered by this Court will include the payment of costs to the prevailing parties.

As such, the Court SUSTAINS Defendants' Objections to Plaintiff's Proposed Judgment.

IT IS SO ORDERED.

20110627

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