E.R. v. Sutter Davis Hospital et al

Filing 156

ORDER signed by Senior Judge William B. Shubb on 05/23/17 ORDERING that per 152 Bill of Costs Submitted by USA, costs of $13,312.67 will be allowed for cross-defendant United States and are taxed against cross-claimant Sutter Davis. (Benson, A)

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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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E.R., a minor, by and through
his Guardian ad Litem,
CAROLYN YOUNG,

CIV. NO. 2:14-2053 WBS CKD
ORDER

Plaintiff,
v.
SUTTER DAVIS HOSPITAL; SUTTER
WEST WOMEN’S HEALTH; SUSAN
MAAYAH, M.D.;
Defendants.

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AND RELATED THIRD-PARTY
CLAIMS.
----oo0oo---After the court granted cross-defendant United States’

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Motion for Summary Judgment (Docket No. 69) and entered final

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judgment (Docket No. 151), cross-defendant United States

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submitted a cost bill totaling $13,312.67. (Docket No. 152.)

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Local Rule 292(c) provided cross-claimant Sutter Davis Hospital

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(“Sutter Davis”) with seven days from the date of service to
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object, and Sutter Davis did not object to the bill of costs.

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Rule 54(d)(1) of the Federal Rules of Civil Procedure

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and Local Rule 292 govern the taxation of costs, which are

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generally subject to limits set under 28 U.S.C. § 1920.

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U.S.C. § 1920 (enumerating taxable costs); Fed. R. Civ. P.

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54(d)(1) (“Unless a federal statute, these rules, or a court

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order provides otherwise, costs--other than attorney’s fees--

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should be allowed to the prevailing party.”); E.D. Cal. Local R.

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292(f); Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437,

See 28

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441 (1987) (limiting taxable costs to those enumerated in §

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1920).

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Cross-defendant United States has requested $13,312.67

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in costs based on services that were actually and necessarily

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performed, including obtaining certified transcripts and making

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copies of materials.

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the fact that cross-claimant Sutter Davis has not objected, the

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court finds the requested costs to be reasonable.

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costs of $13,312.67 will be allowed for cross-defendant United

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States and are taxed against cross-claimant Sutter Davis.

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After reviewing the bill, and in light of

IT IS SO ORDERED.
Dated:

May 23, 2017

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Accordingly,