Batiste v. City of Richmond et al
Filing
330
ORDER sustaining 328 Plaintiff's objections to Defendants' bills of costs. Signed by Judge Araceli Martinez-Olguin on November 25, 2024. (amolc2, COURTSTAFF) (Filed on 11/25/2024)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
DAVID BATISTE,
Plaintiff,
8
9
10
United States District Court
Northern District of California
11
Case No. 22-cv-01188-AMO
v.
CITY OF RICHMOND, et al.,
Defendants.
ORDER SUSTAINING PLAINTIFF’S
OBJECTIONS TO DEFENDANTS’
BILLS OF COSTS
Re: Dkt. No. 328
12
13
On September 20, 2024, in accordance with a jury verdict, judgment was entered in favor
14
of Defendant City of Richmond and Defendant Hugo Mendoza, and against Plaintiff David
15
Batiste. ECF 322. Defendants filed bills of costs, Batiste objected, and Defendant City of
16
Richmond filed a response to Batiste’s objections. Having considered the parties’ submissions
17
and relevant case law, and for the reasons discussed below, Batiste’s objections are SUSTAINED.
18
Batiste objects to certain of Mendoza’s deposition related costs. Pursuant to Local Civil
19
Rule 54-3(c)(1), “[t]he cost of an original and one copy of any deposition (including videotaped
20
depositions) taken for any purpose in connection with the case is allowable.” Batiste disputes
21
Mendoza’s inclusion of a condensed transcript fee ($32.50), handling and processing fee ($72.00),
22
and litigation technology, support, and security management fee ($55.00). Mendoza does not
23
challenge Batiste’s objection. Because these specific fees are not included in the Local Civil Rule,
24
the Court finds the three costs to which Batiste objects – totaling $159.50 – are not allowable.
25
As relates to the City of Richmond’s bill of costs, Batiste objects to the City of
26
Richmond’s inclusion of the reporter’s attendance fee ($325.00). Local Civil Rule 54-3(c)(5)
27
provides that “[t]he attendance fee of a reporter when a witness fails to appear is allowable if the
28
claimant made use of available process to compel the attendance of the witness.” Batiste argues
1
that because he appeared for both days of his scheduled deposition, the reporter’s attendance fee is
2
not allowable. The City of Richmond’s response to the objection directs the Court to out of
3
district cases which hold that the cost of court reporter’s attendance is taxable. ECF 329 at 2.
4
However, the plain language of Rule 54-3(c)(5) and its interpretation by other courts in this
5
district support Batiste. See Phoenix Techs. Ltd. v. VMWare, Inc., No. 15-CV-01414-HSG, 2018
6
WL 4700347, at *4 (N.D. Cal. Sept. 30, 2018) (interpreting Local Rule 54-3(c)(5) to allow
7
recovery of a reporter’s attendance fee only when a witness fails to appear). Thus, the Court finds
8
the City of Richmond is not entitled to the reporter’s attendance fee.
9
10
In sum, the Court SUSTAINS Batiste’s objections and DISALLOWS $159.50 from
Mendoza’s bill of costs and $325.00 from the City of Richmond’s bill of costs.
United States District Court
Northern District of California
11
12
13
IT IS SO ORDERED.
Dated: November 25, 2024
14
15
ARACELI MARTÍNEZ-OLGUÍN
United States District Judge
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?