Lambert v. United States of America et al

Filing 176

ORDER GRANTING DEFENDANT'S MOTION FOR REVIEW OF CLERK'S ACTION RE: TAXATION OF COSTS; DIRECTIONS TO CLERK. The Clerk of Court is directed to tax costs in the amount $10,225.01. Signed by Judge Maxine M. Chesney on August 19, 2013. (mmclc2, COURT STAFF) (Filed on 8/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STEPHEN LAMBERT,

No. C 11-725 MMC

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Plaintiff,
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For the Northern District of California

United States District Court

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ORDER GRANTING DEFENDANT’S
MOTION FOR REVIEW OF CLERK’S
ACTION RE: TAXATION OF COSTS;
DIRECTIONS TO CLERK

v.
UNITED STATES OF AMERICA,
Defendant.

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Before the Court is defendant’s “Motion . . . Pursuant to Rule 54(d)(1) Requesting

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Review of the Clerk’s Action Re: Taxation of Costs,” filed July 26, 2013. Plaintiff has filed

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opposition. Having read and considered the papers submitted in support of and in

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opposition to the motion, the Court deems the matter appropriate for decision on the

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parties’ respective written submissions, VACATES the hearing scheduled for September 6,

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2013, and rules as follows.

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By the instant motion, defendant challenges plaintiff’s request for “mileage,” in the

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amount of $1673.14 (see Am. Bill of Costs at 2), for witness Lindsey Docherty’s air travel

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on a commercial airline. As defendant correctly points out, plaintiff is only entitled to the

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amount of the actual air fare charged and paid, which, according to documents submitted

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by both parties, totaled $385.80. See 28 U.S.C. § 1821 (providing “witness who travels by

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common carrier shall be paid for the actual expenses of travel”).

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Accordingly, defendant’s motion for review is hereby GRANTED, and the Clerk of
Court is hereby DIRECTED to tax costs in the amount of $10,225.01.
IT IS SO ORDERED.
Dated: August 19, 2013
MAXINE M. CHESNEY
United States District Judge