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Whalen v. JP Morgan Chase Bank

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 7, 2010

ANDREW WHALEN, PLAINTIFF,
v.
JP MORGAN CHASE BANK, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

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.

Rochester, New York

20100107

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