Heller Ehrman LLP v. Davis Wright Tremaine LLP

Filing 32

ORDER re 26 Bill of Costs, filed by Davis Wright Tremaine LLP. Signed by Judge Charles R. Breyer on 07/25/2014. (crblc2, COURT STAFF) (Filed on 7/25/2014).

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 No. C 14-01236 CRB HELLER EHRMAN LLP, ORDER AWARDING COSTS Plaintiff, v. 8 DAVIS WRIGHT TREMAINE LLP, 9 Defendant. / United States District Court For the Northern District of California 10 11 After the Court granted summary judgment, Defendant filed, pursuant to Federal Rule 12 of Civil Procedure 54(d), a Bill of Costs (dkt. 26) seeking a total of $39,934.37. Now before 13 the Court are Plaintiff’s objections (dkt. 29) to the Bill of Costs. Under Rule 54(d), there is a 14 presumption that the prevailing party will be awarded its taxable costs. See Save Our Valley 15 v. Sound Transit, 335 F.3d 932, 944 (9th Cir. 2003). To overcome this presumption, a losing 16 party must establish a reason to deny costs. See Stanley v. Univ. of S. Cal., 178 F.3d 1069, 17 1079 (9th Cir. 1999). Here, Plaintiff has specifically identified “extras” which are for 18 convenience of the lawyers and not properly billable to Plaintiff in the amount of $2,822.00. 19 Plaintiff’s other objections are OVERRULED. Accordingly, Plaintiff is ORDERED to pay a 20 total of $37,112.74 in taxable costs. 21 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: July 25, 2014 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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