Cuevas v. Skywest Airlines et al

Filing 133

ORDER GRANTING Objections 129 filed by Juan Cuevas. Signed by Judge Charles R. Breyer on 4/1/2014. (crblc2, COURT STAFF) (Filed on 4/1/2014)

1
2

IN THE UNITED STATES DISTRICT COURT
3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
5
6

v.

9

SKY WEST AIRLINES,

10
United States District Court
For the Northern District of California

ORDER RE OBJECTIONS TO BILL
OF COSTS

Plaintiff,

7
8

No. C 12-05916 CRB

JUAN CUEVAS,

Defendant.

/

11
12

This Court granted the Defendant’s motion for summary judgment and entered

13

judgment against plaintiff Juan Cuevas on February 14, 2014 (dkts. 123, 124). Subsequently,

14

Defendant filed a Bill of Costs for $13,410.86 pursuant to Federal Rule of Civil Procedure

15

54(d) (dkt. 127). Cuevas now objects to the bill of costs (dkt. 129).

16

Under Rule 54(d), there is a presumption that the prevailing party will be awarded its

17

taxable costs. See Save Our Valley v. Sound Transit, 335 F.3d 932, 944 (9th Cir. 2003). To

18

overcome this presumption, a losing party must establish a reason to deny costs. See Stanley

19

v. Univ. of S. Cal., 178 F.3d 1069, 1079 (9th Cir. 1999).

20

Here, Defendant’s request for costs is excessive and Cuevas has specifically identified

21

charges which are for convenience of the lawyers and not properly billable to him.

22

Therefore, the Court ORDERS the costs payable by Cuevas reduced by $4,284.55 for a total

23

amount payable of $9,126.31 in taxable costs. Cuevas’ objections to the government’s bill of

24

costs are GRANTED.

25

IT IS SO ORDERED.

26
27
28

Dated: April 1, 2014

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE