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Whalen v. JP Morgan Chase Bank

United States District Court, W.D. New York
Jan 7, 2010
01-CV-6492L (W.D.N.Y. Jan. 7, 2010)

Opinion

01-CV-6492L.

January 7, 2010


DECISION AND ORDER


Pursuant to this Court's Order and Judgment granting summary judgment in favor of defendant (Dkt. ## 114, 115), the Clerk of Court taxed costs against plaintiff in the amount of $5,024.47 (Dkt. #126).

Because the Second Circuit has reversed the Judgment of this Court, plaintiff now moves (Dkt. #127) to vacate the award of costs entered against plaintiff. That motion is granted. Costs entered in the District Court must be vacated if its decision is later reversed on appeal. To the extent plaintiff now seeks an award of costs in his favor, that motion is denied. No final order has been entered in favor of plaintiff and, therefore, an award of costs is premature.

IT IS SO ORDERED.


Summaries of

Whalen v. JP Morgan Chase Bank

United States District Court, W.D. New York
Jan 7, 2010
01-CV-6492L (W.D.N.Y. Jan. 7, 2010)
Case details for

Whalen v. JP Morgan Chase Bank

Case Details

Full title:ANDREW WHALEN, Plaintiff, v. JP MORGAN CHASE BANK, Defendant

Court:United States District Court, W.D. New York

Date published: Jan 7, 2010

Citations

01-CV-6492L (W.D.N.Y. Jan. 7, 2010)