Opinion
19-cv-10372
10-22-2021
ORDER GRANTING DEFENDANTS' MOTION TO AMEND JUDGMENT (ECF No. 47)
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On July 7, 2021, this Court entered a Judgment in favor of Defendants Ford Motor Company and Brian Butcher and against Plaintiff Arthur Mullins. (See Judgment, ECF No. 43.) Defendants thereafter submitted a bill of costs in the amount of $2, 691.35. (See Bill of Costs, ECF No. 44.) The Clerk of the Court then taxed costs in that amount on July 15, 2021. (See Taxed Bill of Costs, ECF No. 45.) The Taxed Bill of Costs informed the parties that “[a]fter the taxation clerk has taxed costs, counsel for either side may, within seven (7) days, file motions to review the clerk's action.” (Id., PageID.945; emphasis in original). See also Fed. Rule Civ. Proc. 54(d)(1) (providing that a party has seven days to file a motion requesting a review of a clerk's entry of a taxed bill of costs). Neither Mullins nor counsel for Mullins filed a motion seeking review of the Taxed Bill of Costs. 1
On July 30, 2021, Defendants filed a motion to amend the Court's Judgment “to include the costs award of $2, 691.35 in favor of Defendants.” (Mot., ECF No. 47, PageID.953.) Mullins has not responded to the motion. Accordingly, due to Mullins' failure to file a motion seeking a review of the Taxed Bill of Costs, his failure to respond to Defendants' motion, and for all of the other reasons stated in Defendants' motion, the motion is GRANTED. The Court will enter an Amended Judgment reflecting the amount of taxed costs awarded to Defendants.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 22, 2021, by electronic means and/or ordinary mail.
Holly A. Monda Case Manager (810) 341-9764 2