Opinion
EDCV 08-464-GW(AGRx)
10-01-2013
HOWARD TOUNGET, Plaintiff, v. CITY OF HEMET, et al. Defendants.
ERIC S. VAIL, CITY ATTORNEY (SBN 160333) CITY OF HEMET RONALD F. FRANK (SBN 109076) AMY E. HOYT, (SBN 149789) BURKE, WILLIAMS & SORENSEN, LLP ATTORNEYS FOR DEFENDANT CITY OF HEMET
ERIC S. VAIL, CITY ATTORNEY (SBN 160333) CITY OF HEMET RONALD F. FRANK (SBN 109076) AMY E. HOYT, (SBN 149789) BURKE, WILLIAMS & SORENSEN, LLP ATTORNEYS FOR DEFENDANT CITY OF HEMET
AMENDED JUDGMENT IN FAVOR OF DEFENDANT CITY OF HEMET STATING AMOUNT OF COSTS TAXED AGAINST PLAINTIFF
HON GEORGE H. WU, U.S. DISTRICT COURT JUDGE
On February 17, 2011, the court entered judgment in Defendant City of Hemet's (“City”) favor and ordered Plaintiff Howard Tounget (“Plaintiff”) to pay the City's costs. A true and correct copy of the Notice of Entry of Judgment, filed on February 22, 2011, is attached as Exhibit A.
On March 7, 2011, the district court ordered costs taxed against Plaintiff in the amount of $8,445.44. A true and correct copy of the Bill of Costs is attached as Exhibit B.
Plaintiff appealed. On May 22, 2013, the Ninth Circuit Court of Appeals issued its Memorandum Opinion affirming judgment in the City's favor and ordering Plaintiff to pay the City's costs. A true and correct copy of the Court's Memorandum Opinion is attached as Exhibit C.
On June 14, 2013, the Court of Appeals issued its Mandate and taxed costs against Plaintiff in the amount of $315.00. A true and correct copy of the Mandate is attached as Exhibit D.
Based on the foregoing, the Judgment entered on February 7, 2011 is hereby amended to tax costs against Plaintiff in the amount of $8,760.44. Plaintiff is ordered to pay the City costs in the amount of $8,760.44.
IT IS SO ORDERED.
PROOF OF SERVICE
I declare that I am over the age of eighteen (18) and not a party to this action. My business address is 2280 Market Street, Suite 300, Riverside, California 925012121.
On September 27, 2013, I served the following document(s): [PROPOSED] AMENDED JUDGMENT IN FAVOR OF DEFENDANT City of heMet stating amount of costs taxed against PLAINTIFF on the interested parties in this action by placing a true and correct copy of such document(s), enclosed in a sealed envelope, addressed as follows:
SERVICE LIST
(UpDated: 09-26-13)
Howard Tounget vs. City of Hemet
USDC Docket No.: 5:08-CV-00464-GW (AGR)
COUNSEL:
REPRESENTING:
Via OverNite Express & U.S. Mail Howard Tounget 25097 Jutland Drive Hemet, CA 92544
Plaintiff in Pro Se One Copy Tel: (951) 652-5505 Fax: (951) 927-5441
Via CM/ECF System & U.S. Mail Russell Cole, Esq. Paul DePasquale, Esq. DEPASQUALE & COLE 523 West Sixth Street, Suite 707 Los Angeles, CA 90014
Previous Attorney for Plaintiff Howard Tounget Tel: (213) 629-3550 Fax: (213) 629-0354 Email: prdrjclaw@yahoo.com
(X) BY U.S. MAIL, as noted. I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service. I know that the correspondence was deposited with the United States Postal Service on the same day this declaration was executed in the ordinary course of business. I know that the envelope was sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date in the United States mail at Riverside, California.
(X) BY OVERNIGHT COURIER, as noted. I caused the above-referenced document(s) to be deposited in a box or other facility regularly maintained by the overnight courier, or I delivered the above-referenced document(s) to an overnight courier service, for delivery to the above addressee(s).
(X) BY COURT CASE MANAGEMENT/ ELECTRONIC CASE FILES (CM/ECF) SYSTEM, as noted. By submitting an electronic version of the document listed above via CM/ECF System, pursuant to the Court's Administrative Order Regarding Electronic Filing in All Ninth Circuit Cases dated August 19, 2008. I certify that said transmission was completed and that all pages contained therein were received.
Executed September 27, 2013, R Riverside, California.
(X) (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
MARY E. HENSLEY