Zayas v. State of California et al
Filing
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ORDER by Judge Edward M. Chen denying 140 Plaintiff's Motion for Review of Taxation of Costs.. (emclc2, COURT STAFF) (Filed on 1/28/2019)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ESTRELLA LYSANDRA ZAYAS,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 17-cv-02739-EMC
v.
JOSE ORTEGA, et al.,
Defendants.
ORDER DENYING PLAINTIFF’S
MOTION FOR REVIEW OF
TAXATION OF COSTS
Docket No. 140
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A jury verdict was entered in favor of Defendant Jose Ortega on November 21, 2018. See
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Docket No. 132 (jury verdict). Thereafter, Officer Ortega filed a bill of costs on November 30,
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2018, seeking costs in the amount of $2,676.00. See Docket No. 135 (bill of costs); see also Civ.
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L.R. 54-1(a) (providing that a bill of costs should be filed “[n]o later than 14 days after entry of
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judgment or order under which costs may be claimed”). On December 13, 2018, Officer Ortega
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filed an amended bill of costs, lowering the amount sought to $2,050.50. See Docket No. 136
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(amended bill of costs). Plaintiff Estrella Zayas did not file objections to either the original bill of
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costs or the amended bill of costs. See Civ. L.R. 54-2(a) (providing that objections must be filed
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“[w]ithin 14 days after service by any party of its bill of costs”). On January 8, 2019, the Clerk of
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the Court taxed costs in the amount of $1,646.75. See Docket No. 137 (costs taxed, disallowing
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$368.75). Although Ms. Zayas had not objected to either the bill of costs or amended bill of costs,
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Ms. Zayas subsequently filed a motion for review of the taxation of costs. This is the motion
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currently pending before the Court.
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In the motion, Ms. Zayas asks the Court to, in effect, excuse her from paying costs based
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on financial inability to pay. See Zayas Decl. ¶¶ 3-5 (testifying that she is a Certified Medical
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Assistant, that her gross monthly income is approximately $3,000, and that her monthly expenses
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are approximately $2,500). Ms. Zayas notes that “imposing costs on losing civil rights plaintiffs
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of modest means may chill civil rights litigation that is important to the legal system.” Mot. at 2.
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Ms. Zayas also asks the Court to take into account that her claim was not frivolous.
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The Court DENIES Ms. Zayas’s motion. The Court is not unsympathetic to Ms. Zayas’s
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financial circumstances. Moreover, if this was simply a situation where Ms. Zayas’s motion was,
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in effect, just a late objection to the bill of costs or amended bill of costs, the Court might view
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Ms. Zayas’s motion for relief differently (although the Court recognizes the legitimate points
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made in Konig v. Dal Cerro, No. C 04-02210 WHA, 2008 U.S. Dist. LEXIS 91228, at *5-6 (N.D.
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Cal. Oct. 16, 2008) (holding that “plaintiff effectively waived her right to challenge costs because
she did not file objections”; adding that, “if the failure to file objections does not operate as a
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United States District Court
Northern District of California
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waiver to challenge costs, then Civil Local Rule 54-2 [which sets a deadline for filing] is
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essentially rendered nugatory” and there would be a burden on both the district judges and the
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Clerk of the Court)). However, here, the Court is confronted with a situation where (as required
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by Civil Local Rule 54-2(b)) the parties met and conferred regarding Officer Ortega’s bill of costs,
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where Ms. Zayas never claimed financial inability to pay as a basis to reduce or dispose of costs,
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and where Officer Ortega agreed to lower his original bill of costs to resolve their dispute (thus
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resulting in the amended bill of costs). In such a situation, there is no doubt that Ms. Zayas
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waived her ability to challenge costs. As Officer Ortega argues, allowing a party to make
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“arguments in installations” is patently unreasonable. Opp’n at 4.
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Ms. Zayas’s arguments in her reply brief are unavailing. While Civil Local Rule 54-3
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addresses standards for taxing costs (e.g., regarding filing and service of process fees, reporters’
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transcripts, etc.), that does not mean that the meet and confer required by Civil Local Rule 54-2 is
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limited to a discussion of those standards only. Nothing in the text of the rule dictates such a
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limitation. See Civ. L. R. 54-2(b) (providing that objections to the bill of costs “must contain a
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representation that counsel met and conferred in an attempt to resolve disagreement about the
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taxable costs claimed in the bill”). Likewise, even if the Clerk of the Court “has no power to
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entertain an objection based upon . . . indigency and any other equitable factors under the law,”
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Reply at 2, that does not excuse Ms. Zayas from having a full meet and confer with Officer Ortega
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as to why costs should not be taxed, particularly in light of the availability of relief from the Court
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due to financial circumstances.
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This order disposes of Docket No. 140.
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IT IS SO ORDERED.
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Dated: January 28, 2019
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______________________________________
EDWARD M. CHEN
United States District Judge
United States District Court
Northern District of California
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