Bryan Pringle v. William Adams Jr et al

Filing 289

APPLICATION to the Clerk to Tax Costs against Plaintiff Bryan Pringle filed by Defendants Allan Pineda(collectively as the music group the Black Eyed Peas), Stacy Ferguson(collectively as the music group the Black Eyed Peas), Jeepney Music Inc, Tab Magnetic Publishing, Will.I.Am Music LLC, Stacy Ferguson(individually), Jaime Gomez(collectively as the music group the Black Eyed Peas), EMI April Music Inc, Headphone Junkie Publishing LLC, Jaime Gomez(individually), Allan Pineda(individually), William Adams Jr(individually), Cherry River Music Co, William Adams Jr(collectively as the music group the Black Eyed Peas). Application set for hearing on 6/15/2012 at 11:00 AM before Clerk of Court. (Attachments: # 1 Bill of Costs, # 2 Bill of Costs Details, # 3 Declaration Kara Cenar, # 4 Exhibit A to Declaration of Kara Cenar, # 5 Exhibit B to Declaration of Kara Cenar)(Righettini, Justin)

UNITED STATES DISTRICT COURT
Central District of California
Bryan Pringle

BILL OF COSTS

(LOCAL RULE 54-4)

Case Number: SACV1O-1656 JST
William Adams et al.

5/15/20 12

Judgment having been entered in the above entitled action on

Plaintiff

against

Date

the Clerk is requested to tax the following as costs:
Filing fees: see L.R. 54-4.1 ..........................................................
Fees for service of process: see L.R. 54-4.2 .............................................
United States Marshal’s fees: see L.R. 54-4.3 ............................................
Clerk’s fees: see L.R. 54-4.4 ..........................................................
Reporter’s transcripts: see L.R. 54-4.5 ..................................................
Depositions: see L.R. 54-4.6 ..........................................................
Witness fees (itemize on page 2): see L.R. 54-4.7.........................................
Interpreter’s and translator’s fees: see L.R. 54-4.8 ........................................
Docket fees: see L.R. 54-4.9 .........................................................
Masters, commissioners and receivers: see L.R. 54-4.10 ...................................
Certification, exemplification and reproduction of documents: see L.R. 54-4.11 .................
Premiums on bonds and undertakings: see L.R. 54-4.12 ....................................
Other Costs: see L.R. 54-4.13 ........................................................
State Court costs: see L.R, 54-4.14 .....................................................
Costs on appeal: see L.R. 54-5 .......................................................
Cost of a bankruptcy appeal to the District Court: see L.R. 54-6 .............................

$

26,041.95

Other (please itemize)

TOTAL

26,041.95

$

NOTE TO PARTIES SUBMITTING BILL OF COSTS: Attach to the bill of costs an itemization and documentation
supporting all requested fees and costs. Documentation includes receipts, orders and stipulations. All receipts must be selfexplanatory.
-

I declare under penalty of perjury that the fegOing costs are correct and were necessarily incurred in this action and that the services
for which fees have been charged were acpd1ly and necessarily performed. A copy of this bill has been served on all parties in the
following manner:

11 Electron?
0 Convent1

forth below and/or.
as set forth below

s/ Attorney:
Name of At
Costs kre ta4-46 the amount of

By:
Clerk of Court
CV-59 (06/10)

Deputy Clerk
BILL OF COSTS

Date
Page] of 3

WITNESS FEES (computation, cf. 28 U.S.C. 1821 for statutory fees)
ATTENDANCE

SUBSISTENCE

Total
Cost

Total
Cost

NAME, CITY AND STATE
Days

Days

MILEAGE

Miles

Total
Cost

TOTAL

CV-59 (06/10)

BILL OF COSTS

Total Cost
Each Witness

(10.17)

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INSTRUCTIONS AND NOTICES REGARDING BILL OF COSTS
SPECIAL NOTE: An itemization and documentation to support the claims made in all categories shall be attached
to the Application for Bill of Costs. Documentation shall include receipts, orders and stipulations of the parties. The claiming
party shall ensure that receipts are self-explanatory (i.e. receipts for service to include the name of the individual). The Clerk’s
designee may disallow any expenses that do not have supporting documentation. It is the claiming party’s responsibility to
ensure that the total cost requested in all categories on Form CV-59 reflects the same total of the documentation submitted
in support thereof. The Clerk’s designee shall allow such items specified in the application which are properly recoverable
as costs.
PROCEDURE FOR FILING BILL OF COSTS: Local Rule 54-3. Within (15) days after the entry ofjudgment, the
party entitled to costs shall electronically file a Notice of Application to the Clerk to Tax Costs and shall attach a proposed
Bill of Costs on Form CV-59. The Bill of Costs and the Notice of Application to the Clerk to Tax Costs shall be prepared as
two separate documents. All costs shall be specified so that the nature of the claim can be readily understood. The Bill of
Costs will be electronically filed by the Clerk once determination of allowable costs are made.
APPEARANCE REQUIREMENTS: Local Rule 54-3.2. The date and time for taxation of costs by the Clerk shall be not
less than fourteen (14) nor more than twenty-one (21) days from the date notice is given to the other parties. If no objections
to the Bill of Costs are filed in compliance with L.R. 54-7, then no appearance by counsel is required. In the absence of a
timely objection, any item listed may be taxed as requested in the Bill of Costs. When an objection is filed, the Clerk may
determine that no hearing is required and the parties will be so notified. If a hearing is to be held, the Clerk may specify the
form of the hearing and determine if telephonic appearances are appropriate. For further details, please consult the Bill of
Costs Handbook available on the court’s website.
Section 1924, Title 28, U.S. Code (effective September 1, 1948): Verification of bill of costs. Before any bill of costs is
taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly
authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the
case and that the services for which fees have been charged were actually and necessarily performed.
Section 1920 of Title 28, which reads
included in the judgment or decree.

in part as follows:

A bill of costs shall be filed in the case and, upon allowance,

The Federal Rules of Civil Procedure contain the following provisions:
Rule 54(d)(1)
Costs Other than Attorney’s Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs - other than
attorney’s fees - should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies
may be imposed only to the extent allowed by law. The clerk may tax costs on 14 day’s notice. On motion served within the
next 7 days, the court may review the clerk’s action.
Rule 6(d)
Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after service and
service is made under Rule 5(b)(2)(C), (1?), (E) or (F), 3 days are added after the period would otherwise expire under Rule
6(a).
Rule 58(e)
Cost or Fee Awards. Ordinarily, the entry ofjudgment may not be delayed, nor the time for appeal extended, in order to tax
costs or award fees. But if a timely motion for attorney’s fees is made under Rule 54(d)(2), the court may act before a notice
of appeal has been filed and become effective to order that the motion have the same effect under Federal Rule of Appellate
Procedure 4(a)(4) as a timely motion under Rule 59.

CV-59 (06/10)

BILL OF COSTS

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