Opinion
SA CV 14-01852-JVS (JDEx)
10-07-2021
Yellowstone Women's First Step House, Inc., et al v. City of Costa Mesa
Present: The Honorable James V. Selna, U.S. District Court Judge
CIVIL MINUTES - GENERAL
Proceedings: [IN CHAMBERS] ORDER TO SHOW CAUSE RE ORDER REGARDING MOTION TO RE TAX COSTS [573]
On September 8, 2021, the Ninth Circuit affirmed in part and remanded in part for further proceedings with respect to this Court's award of costs. Yellowstone Womens First Step House, Inc. v. City of Costa Mesa, No. 19-56410 (Sept. 8, 2021). In particular, the Ninth Circuit directed this Court to reconsider its award in light of Green v. Mercy Housing, Inc., 991 F.3 1056 (9th Cir. 20210). Mercy Housing held that cost and attorney's fee to a prevailing defendant in a suit brought under the Fair Housing Act “should not be assessed . . . unless a court finds that [the] claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.” (Id. at 1058; internal quotation marks omitted.)
In granting costs, this Court found that “Plaintiffs filed their action in good faith and . . . it had at least some merit.” (Docket No. 573, p. 7.)
In light of Green and this Court's finding of “at least some merit, ” the Court orders the City of Costa Mesa to show cause in writing within seven days why the Court should not withdraw its Order at Docket No. 573.