Ellis v. Hollister Inc et al

Filing 117

ORDER RE COSTS signed by Senior Judge William B. Shubb on 8/31/15. The court finds the requested appeal costs are reasonable. Accordingly, costs of $15,789.50 are taxed against Plaintiffs.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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JAMES P. DEFAZIO, et al.,
Plaintiff,

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v.
HOLLISTER, INC., et al.,

NOS. CIV. 2:04-1358 WBS GGH
2:05-0559 WBS GGH
2:05-1726 WBS GGH
CONSOLIDATED
ORDER RE: COSTS

Defendants.

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----oo0oo----

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After a fifteen-day bench trial, the court found in

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favor of all defendants on all claims and judgment was entered on

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April 6, 2012.

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the Ninth Circuit affirmed this court’s decision on May 15, 2015.

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(Docket No. 697.)

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judgment took effect on June 8, 2015.

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22, 2015, defendants filed a Bill of Costs limited to the costs

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incurred on appeal, which total $15,789.50.
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(Docket Nos. 664, 665.)

Plaintiffs appealed and

Pursuant to the Ninth Circuit’s mandate, its
(Docket No. 698.)

On June

(Docket No. 700.)

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Plaintiffs’ sole objection to defendants’ Bill of Costs

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is that it is untimely under Eastern District Local Rule 292

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because it was filed over three years after this court entered

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judgment.

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“[w]ithin fourteen (14) days after entry of judgment” logically

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applies only when costs were incurred in the district court prior

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to entry of judgment.

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in defending that judgment on appeal and defendants thus had

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fourteen days after the issuance of the Ninth Circuit’s mandate

Local Rule 292’s deadline for filling a Bill of Costs

Here, defendants seek only costs incurred

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to seek those costs.

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(14) days after entry of judgment or order under which costs may

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be claimed, the prevailing party may serve on all other parties

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and file a bill of costs conforming to 28 U.S.C. § 1924.”)

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(emphasis added).

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costs incurred to defend this case in the district court.

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Defendants therefore timely filed their Bill of Costs to recover

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costs incurred on appeal.

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See E.D. Local R. 292(b) (“Within fourteen

Defendants never sought and do not now seek

Federal Rule of Appellate Procedure 39 provides that

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costs are taxed against the appellant if the judgment is

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affirmed, and the Ninth Circuit mandate taxed costs against

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plaintiffs in the amount of $499.50.

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Rule of Appellate Procedure 39(e) also provides that costs for

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the reporter’s transcript and the fee for filling the appeal may

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be taxed in the district court.

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defendants seek costs only for (1) the reporter’s transcripts;

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(2) the filing fee for the appeal; and (3) the costs taxed by the

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Ninth Circuit.

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fact that plaintiffs have objected only to the timeliness of
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(Docket No. 698.)

Federal

In their Bill of Costs,

After reviewing the bill, and in light of the

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defendants’ request, the court finds the requested appeal costs

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are reasonable.

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against plaintiffs.

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Accordingly, costs of $15,789.50 are taxed

IT IS SO ORDERED.
Dated:

August 31, 2015

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