Remington v. Mathson et al

Filing 107

ORDER re 95 Bill of Costs filed by John Mathson, Joy Mathson. (njvlc1, COURT STAFF) (Filed on 6/7/2012)

1

NOT FOR CITATION

2
3

IN THE UNITED STATES DISTRICT COURT

4
FOR THE NORTHERN DISTRICT OF CALIFORNIA
5
EUREKA DIVISION

6
7
8

No.09-CV 09-4547 NJV
BRUCE REMINGTON,

10

Plaintiff,

11
For the Northern District of California

United States District Court

9

12
13

ORDER RE COSTS

v.
JOHN MATHSON, JOY MATHSON,
Defendants.

/

14
15

The Court entered judgment for Defendants on April 3, 2012. Pending before the Court is

16

Defendants' Bill of Costs, filed April 17, 2012. (Docket No. 95.) Plaintiff has filed an opposition to

17

the Bill of Costs. (Docket No. 96.)

18

The only costs sought by Defendants are those for depositions conducted March 14, 2011,

19

and March 17, 2011. Deposition costs are specifically allowed under 28 U.S.C. § 1920(2) and Rule

20

54(d)(1), Federal Rules of Civil Procedure. The Court has reviewed Plaintiff's objections to the Bill

21

of Costs and finds them meritless. The Court notes in particular that Defendants' Bill of Costs filed

22

April 17, 2012, was filed fourteen days after the entry of Judgment and was therefore timely. See

23

Civil Local Rule 54-1(a); Rule 6(a)(1)(A), Federal Rules of Civil Procedure (day of the event which

24

triggers the period is excluded when computing time).

25

Defendants request costs for the reporter's attendance at the depositions on March 14, 2011,

26

and March 17, 2011. However, costs for reporter attendance are allowable only if the witness fails to

27

appear. Civil Local Rule 54-3(c). It is undisputed that Plaintiff appeared at the deposition on March

28

17, 2011. Accordingly, costs for the reporter attendance at that deposition will not be allowed.

1

Accordingly, Defendants are HEREBY AWARDED costs in the amount of $835.10. This

2

award of costs is STAYED pending the outcome of an appeal in this action, or the running of the

3

time for filing a notice of appeal, whichever comes first.

4

IT IS SO ORDERED.

5
6
7
8

DATED: June 7, 2012

_______________________
NANDOR J. VADAS
UNITED STATES MAGISTRATE JUDGE

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2