Law School Admission Council, Inc. v. State of California et al
ORDER signed by Judge Lawrence K. Karlton on 2/28/13 ORDERING that the defendants' bill of costs is DENIED in it's entirety. (Manzer, C)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
LAW SCHOOL ADMISSION
NO. CIV. S-13-0040 LKK/DAD
O R D E R
THE STATE OF CALIFORNIA;
EDMUND G. BROWN, JR., in his
official capacity as Governor
of the State of California;
KAMALA HARRIS, in her official
capacity as Attorney General
of the State of California; and
TOM TORLAKSON, in his official
capacity as Superintendent of
Public Instruction and Director
of Education for the State of
The court is in receipt of the Defendant State of California’s
filed bill of costs in the above-captioned matter, ECF No. 6, as
well as Plaintiff Law School Admission Council, Inc.’s filed
objections to the bill of costs, ECF No. 7.
Defendants seek $523.23 for the costs of filing, serving, and
copying their notice of removal of this case from the Sacramento
County Superior Court, as well as attendant costs for postage and
See Defs’ Bill of Costs, ECF No. 6.
According to Federal Rule of Civil Procedure 54, “[u]nless a
federal statute, these rules, or a court order provides otherwise,
On January 9, 2013, Plaintiff Law School Admission Council,
Inc., voluntarily dismissed this action, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(A)(i), before any answer or motion for
summary judgment on the part of the Defendants’ was filed or
Pl’s Not., ECF No. 5.
This type of voluntary dismissal, pursuant to Federal Rule of
Civil Procedure 41(a)(1), “leaves the parties as though no action
had been brought.”
(9th Cir. 1997).
action had been brought, neither party has prevailed in the action.
Defendants are, therefore, not entitled to the costs typically
awarded to a prevailing party under Federal Rule of Civil Procedure
Wilson v. City of San Jose, 111 F.3d 688, 692
Because, here, the parties are left as though no
Defendants’ bill of costs, ECF No. 6, is DENIED in its
IT IS SO ORDERED.
February 28, 2013.