Thai Meditation Association of Alabama, Inc. v. City of Mobile, Alabama

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

THAI MEDITATION ASSOCIATION : OF ALABAMA, INC., et al., : : Plaintiffs, : : vs. : CIVIL ACT. NO. 1:16-cv-395-TFM-MU : CITY OF MOBILE, ALABAMA, : : Defendant. :

FINAL JUDGMENT

In accordance with the Memorandum Opinion and Order (Doc. 214) that was entered on April 21, 2022, it is hereby ORDERED, ADJUDGED, and DECREED: (1) Defendant’s Motion for Summary Judgment (Doc. 193) is GRANTED, and Plaintiffs’ Counts 1, 4, and 6 are DISMISSED with prejudice; and (2) Plaintiffs’ Motion for Partial Summary Judgment (Doc. 195) is DENIED; and (3) Judgment is entered in favor of Defendant and against Plaintiffs. To the extent appropriate under Fed. R. Civ. P. 54(d), 28 U.S.C. § 1920, and 42 U.S.C. § 1988, Defendant shall be awarded costs reasonably incurred in connection with this case.1 Any

1 “[A] district court may in its discretion award attorneys’ fees to a prevailing defendant in a . . . [§] 1983 action upon a finding that the plaintiff’s lawsuit was ‘frivolous, unreasonable, or without foundation.’” Sullivan v. Sch. Bd. of Pinellas Cty., 773 F.2d 1182, 1188 (11th Cir. 1985) (quoting Hughes v. Rowe, 449 U.S. 5, 14, 101 S. Ct. 173, 66 L. Ed. 2d 163 (1980)); see also S. Atl. Cos., LLC v. Sch. Bd. of Orange Cty., 699 F. App’x 842 (11th Cir. 2017) (quoting Sullivan, 773 F.2d at 1188). The Court declines to make a sua sponte finding of “frivolity” as Plaintiffs’ case survived summary judgment and resulted in a multi-day bench trial as well as a successful appeal that resulted in a partial remand. request for costs shall also include the appropriate evidence in support of any requests. The motion shall be due on or before May 13, 2022, with any response due on or before May 23, 2022. The Clerk of Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Fed. R. Civ. P. 58. This case is hereby closed.

DONE and ORDERED this the 21st day of April 2022. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE