California v. Block

The State of California Fair Employment Practice Commission appeals from the grant of a Fed. R. Civ. P. 60 motion striking its Fed. R. Civ. P. 68 costs award. It contends that the motion had to be brought under Fed. R. Civ. P. 59(e) and was therefore untimely. In the alternative, it contends that the district court was required to award costs. We hold that the motion was correctly brought under Rule 60 and that the district court erred in granting that motion to delete the states award of costs. We therefore reverse in part and remand for the district court to enter an award of costs in favor of defendants in accordance with this opinion.