Fobbs v. New Haven Unified School District et al

Filing 324

ORDER by Judge Hamilton denying 317 Motion for Taxation of Costs. (pjhlc2, COURT STAFF) (Filed on 2/4/2014)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STERLING SKINNER, 6 7 Plaintiff, v. 8 ORDER DENYING MOTION TO TAX COSTS CITY OF UNION CITY, 9 No. C 09-2723 PJH Defendant. _______________________________/ 11 For the Northern District of California United States District Court 10 Before the court is plaintiff’s motion to tax costs, seeking to reduce the amount of 12 costs owed from $20,135.03 (the amount taxed by the Clerk) to $1,598.88. On January 7, 13 2014, the court issued an order noting that plaintiff’s motion was not timely filed, but that it 14 would allow plaintiff one additional opportunity to show cause why the motion should not be 15 denied as untimely. See Dkt. 322. The court also allowed plaintiff an opportunity to identify 16 which of defendant’s costs (of those taxed by the Clerk) were not actually necessary to 17 defend against plaintiff’s claims and to explain how they were unrelated to claims 18 prosecuted on his behalf. However, the court informed the parties that it would not reach 19 the merits of plaintiff’s motion unless it first found a reason to excuse its untimeliness. The 20 court gave plaintiff until January 17, 2014 to file a response addressing both issues raised 21 by the court. Plaintiff failed to file any response to the court’s order. Accordingly, plaintiff’s 22 motion to tax costs is DENIED as untimely filed. The Clerk’s taxation of costs in the 23 amount of $20,135.03 shall stand. 24 IT IS SO ORDERED. 25 Dated: February 4, 2014 26 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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