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Tijerino v. Stetson Desert Project LLC et al

RESPONSE in Opposition re: 73 MOTION to Vacate Clerk's Judgment on Taxation of Costs

3 Cited authorities

  1. Buckhannon Board Care Home v. West Va. D.H.H.R

    532 U.S. 598 (2001)   Cited 3,787 times   17 Legal Analyses
    Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."

  2. Carter v. Inc. Vill. of Ocean Beach

    759 F.3d 159 (2d Cir. 2014)   Cited 122 times
    Holding that where a plaintiff voluntarily dismissed its case against one defendant with prejudice, that defendant was a prevailing party under Rule 54(d)

  3. Miles v. State of California

    320 F.3d 986 (9th Cir. 2003)   Cited 166 times
    Holding the district court "did not abuse its discretion in concluding that [plaintiff] did not present evidence sufficient to overcome the presumption that costs should be granted to the prevailing party."