Log Cabin Republicans v. United States of America et al

Filing 293

NOTICE OF MOTION AND MOTION for Review of Clerk's Taxation of Costs re Bill of Costs (CV-59) #292 filed by Defendants Donald H Rumsfeld, United States of America. Motion set for hearing on 4/4/2011 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum, #2 Proposed Order)(Parker, Ryan)

Log Cabin Republicans v. United States of America et al

Doc. 293

1 TONY WEST Assistant Attorney General 2 ANDRÉ BIROTTE, Jr. United States Attorney 3 JOSEPH H. HUNT VINCENT M. GARVEY 4 PAUL G. FREEBORNE W. SCOTT SIMPSON 5 JOSHUA E. GARDNER RYAN B. PARKER 6 U.S. Department of Justice Civil Division 7 Federal Programs Branch P.O. Box 883 8 Washington, D.C. 20044 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] 10 Attorneys for Defendants United States 11 of America and Secretary of Defense 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28
UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 [phone]

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA AND ) ROBERT M. GATES, Secretary of ) Defense, ) ) Defendants. ) ) ) ) ) ) No. CV04-8425 VAP (Ex) DEFENDANTS' NOTICE OF MOTION TO RETAX COSTS HEARING: April 4, 2011 TIME: 2:00 P.M. PLACE: Courtroom 2, 2nd Floor, United States District Court, 3470 Twelfth St., Riverside CA.

14 LOG CABIN REPUBLICANS,

Filed herewith: 1. Notice of Motion and Motion to Retax Costs; 2. Memorandum of Points And Authorities in Support of Motion to Retax Costs; and 3. Proposed Order.

NOTICE OF DEFENDANTS' MOTION TO RETAX COSTS

Dockets.Justia.com

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NOTICE OF MOTION AND MOTION TO RETAX COSTS NOTICE IS HEREBY GIVEN that on April 4, 2011, at 2:00 P.M., in the

3 Courtroom of the Honorable Virginia A. Phillips, United States District Judge, 4 Defendants United States and Secretary of Defense Robert M. Gates (hereafter 5 "Defendants"), by and through counsel, will move to retax costs assessed by the 6 Clerk by order entered February 22, 2011. The motion will be based upon these 7 moving papers, the attached Memorandum of points and authorities, and upon such 8 further arguments, documents, and grounds as may be advanced in the future. 9 As a threshold matter, any assessment of costs in this case is inappropriate. 10 The government has appealed the Court's injunction against the government's 11 implementation of 10 U.S.C. § 654, the "Don't Ask, Don't Tell" statutory policy. 12 Given the importance and complexity of the constitutional issues presented, any 13 award of costs is inappropriate. In addition, in light of the government's appeal, 14 any assessment of costs should await final appellate resolution. Because the 15 appeal may very well result in the reversal of the Court's judgment and worldwide 16 permanent injunction, interests of judicial economy weigh strongly in favor of 17 awaiting final appellate resolution before costs are assessed. 18 At a minimum, the costs awarded by the Clerk should be reduced. The 19 airfare of two of Plaintiff's witnesses, Phillip Bradley ($1,159.58) and Christopher 20 M. Meekins ($1,819.40), well exceed the amount charged for the fares of other 21 witnesses. Because Plaintiff has failed to show that these rates were the most 22 economical rates reasonably available to Plaintiff, as required by 28 U.S.C. 23 § 1821(c)(1), neither charge is appropriately taxed to Defendants. Accordingly, 24 the airfares charged for both witnesses should be excluded from the amount taxed. 25 27 28
UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 [phone]

The Motion is made following the conference of counsel pursuant L.R. 7-3,

26 which took place on February 23, 2011.

NOTICE OF DEFENDANTS' MOTION TO RETAX COSTS

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1 Dated: March 1, 2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted, TONY WEST Assistant Attorney General ANDRÉ BIROTTE, JR United States Attorney JOSEPH H. HUNT Director VINCENT M. GARVEY Deputy Branch Director /s/ Ryan B. Parker PAUL G. FREEBORNE W. SCOTT SIMPSON JOSHUA E. GARDNER RYAN B. PARKER Trial Attorneys U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Room 6108 Washington, D.C. 20044 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants United States of America and Secretary of Defense

NOTICE OF DEFENDANTS' MOTION TO RETAX COSTS

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UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 [phone]