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NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION GUST MARION JANIS, ) No. CV 05-6738-AHM(Ex) Plaintiff, ) [PROPOSED] v. ) JUDGMENT IN FAVOR OF UNITED STATES OF AMERICA, ) DEFENDANT Defendant. )
*2 | 1 | Pursuant to the order dated May 29, 2009, IT IS HEREBY | | --- | --- | | 2 | ORDERED, ADJUDGED AND DECREED that Plaintiff shall take nothing | | 3 | and judgment is hereby entered for Defendant on all claims for | | 4 | relief. Defendant may not recover its costs because this case | | 5 | was dismissed for lack of subject matter jurisdiction, and it | | 6 | would not be just to award costs to Defendant. See Miles v. | | 7 | State of Cal., 320 F.3d 986 (9th Cir. 2003) (where claim is | | 8 | dismissed for lack of subject matter jurisdiction, costs may not | | 9 | be awarded under Fed. R. Civ. P. 54(d), only under 28 U.S.C. § | | 10 | 1919, which allows "just costs" and does not turn on who is the | | 11 | prevailing party). | | 12 | IT IS SO ORDERED. | | 13 | DATE: June 17, 2009. | | 14 | JS-6 | | 15 | UNITED STATES DISTRICT JUDGE | | 16 | | | 17 | | | 18 | | | 19 | | | 20 | | | 21 | | | 22 | | | 23 | | | 24 | | | 25 | | | 26 | | | 27 | | | 28 | |