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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 14 15 16 17 18 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. 19 20 21 22 23 AND RELATED THIRD-PARTY CLAIMS. ----oo0oo---After the court granted cross-defendant United States’ 24 Motion for Summary Judgment (Docket No. 69) and entered final 25 judgment (Docket No. 151), cross-defendant United States 26 submitted a cost bill totaling $13,312.67. (Docket No. 152.) 27 Local Rule 292(c) provided cross-claimant Sutter Davis Hospital 28 (“Sutter Davis”) with seven days from the date of service to 1 1 object, and Sutter Davis did not object to the bill of costs. 2 Rule 54(d)(1) of the Federal Rules of Civil Procedure 3 and Local Rule 292 govern the taxation of costs, which are 4 generally subject to limits set under 28 U.S.C. § 1920. 5 U.S.C. § 1920 (enumerating taxable costs); Fed. R. Civ. P. 6 54(d)(1) (“Unless a federal statute, these rules, or a court 7 order provides otherwise, costs--other than attorney’s fees-- 8 should be allowed to the prevailing party.”); E.D. Cal. Local R. 9 292(f); Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, See 28 10 441 (1987) (limiting taxable costs to those enumerated in § 11 1920). 12 Cross-defendant United States has requested $13,312.67 13 in costs based on services that were actually and necessarily 14 performed, including obtaining certified transcripts and making 15 copies of materials. 16 the fact that cross-claimant Sutter Davis has not objected, the 17 court finds the requested costs to be reasonable. 18 costs of $13,312.67 will be allowed for cross-defendant United 19 States and are taxed against cross-claimant Sutter Davis. 20 21 After reviewing the bill, and in light of IT IS SO ORDERED. Dated: May 23, 2017 22 23 24 25 26 27 28 2 Accordingly,

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