Johnston v. Davis Security, Inc.

Full title: WANDA JOHNSTON, individually, and JOHN DOES I through XX, Plaintiffs vs…

Court: United States District Court, D. Utah

Date published: Dec 11, 2003

Civil No. 2:01 CV 825DAK (D. Utah Dec. 11, 2003)

Opinion

Civil No. 2:01 CV 825DAK

December 11, 2003

WOOD CRAPO LLC, Mary Anne Q. Wood, Larry S. Jenkins, Salt Lake City, Utah, for Defendants

FINAL JUDGMENT

SAMUEL ALBA, Magistrate Judge

In three decisions of the Court, a Memorandum Decision and Order dated September 9, 2002, a Memorandum Decision and Order dated June 10, 2003, and an Order dated July 14, 2003, the Court has disposed of all of plaintiff s claims. The Court has also reviewed plaintiffs and defendants' applications for costs and/or attorney fees, and the memoranda in support and in opposition thereto. The Court is now prepared to enter final judgment in this case.

Accordingly,

IT IS ORDERED, ADJUDGED, AND DECREED:

1. That Counts III through XIII and XV through XVIII of plaintiff s Amended Complaint are dismissed with prejudice.

2. That Count XIV of plaintiffs Amended Complaint is dismissed without prejudice to plaintiff refiling that claim in state court.

3. That judgment is hereby awarded to plaintiff on Counts I and II of her Amended Complaint in the amount of $3,140.76.

4. That plaintiff is awarded costs in the amount of $240.00 for having prevailed on Counts I and II of her Amended Complaint,

5. That plaintiff is awarded reasonable attorney fees in the amount of $7,106 for having prevailed on Counts I and II of her Amended Complaint.

6. That defendants are awarded costs in the amount of $3282.53 for having prevailed on Counts III through XVIII of plaintiff s Amended Complaint, and because on March 12, 2002, defendants made an offer of judgment to plaintiff under Rule 68 of the Federal Rules of Civil Procedure, which she rejected, that was larger than the judgment plaintiff ultimately obtained.