Antonick v. Electronic Arts, Inc.,

Filing 574

ORDER by Judge Charles R. Breyer granting in part 560 Motion to Review Clerk's Decision to Tax Costs; adopting 573 Report and Recommendation. (crblc1, COURT STAFF) (Filed on 6/12/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ROBIN ANTONICK,

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Plaintiff,

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No. C 11-01543 CRB

v.
ELECTRONIC ARTS INC,
Defendant.

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ORDER ADOPTING REPORT AND
RECOMMENDATION AND
GRANTING IN PART MOTION FOR
JUDICIAL REVIEW OF CLERK’S
TAXATION OF COSTS OR IN THE
ALTERNATIVE MOTION TO
DEDUCT ATTORNEY’S FEES AND
EXPENSES OWED TO PLAINTIFF

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Plaintiff’s Motion for Judicial Review of Clerk’s Taxation of Costs or in the
Alternative Motion to Deduct Attorney’s Fees and Expenses Owed to Plaintiff asks the Court
to deduct the $28,436.45 that Plaintiff allegedly incurred in connection with his second
deposition from the $54,391.62 in costs taxed by the clerk. See generally Mot. (dkt. 560).
Plaintiff’s request is based on Judge Laporte’s order granting Defendant’s motion to compel
the deposition, which required Defendant “to pay the reasonable expenses arising from the
deposition” and “to pay the reasonable attorney’s fees for the reasonable time expended in
preparing [Plaintiff] for, and defending him at, the deposition.” See Order Compelling
Deposition (dkt. 182) at 1. Defendant objects that the request is, among other things,
unreasonable. Opp’n to Mot. (dkt. 562) at 4.

The Court referred this matter to Judge Laporte to determine what reasonable

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expenses and fees were in connection with Plaintiff’s second deposition. See Order

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Referring Matter (dkt. 566). Judge Laporte recently issued an Order and Report and

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Recommendation, in which she recommended deducting $16,692.35 from the costs taxed by

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the Clerk. See Report and Recommendation (dkt. 573). The time has now passed for any

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party to serve objections to the Recommendation, and no objections have been filed.

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See Civil Local Rule 72-3. The Court finds Judge Laporte’s Recommendation to be

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thorough, well-reasoned, and correct, and ADOPTS it in all respects. The Court further

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holds that Defendant EA was the prevailing party in this case, and that Plaintiff Antonick has

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United States District Court
For the Northern District of California

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not shown why costs should not be awarded. See Fed. R. Civ. P. 54(d)(1) (“Unless a federal

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statute, these rules, or a court order provides otherwise, costs–other than attorney’s

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fees–should be allowed to the prevailing party”); Quan v. Computer Scis. Corp., 623 F.3d

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870, 888 (9th Cir. 2010) (burden is on losing party to “‘show why costs should not be

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awarded’”).

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Accordingly, the Court GRANTS IN PART Plaintiff’s Motion, deducting $16,692.35
from the $54,391.62 in costs taxed by the Clerk, resulting in costs of $37,699.27.
IT IS SO ORDERED.

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Dated: June 12, 2014

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G:\CRBALL\2011\1543\order granting motion for judicial review of costs.wpd
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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE