Fobbs v. New Haven Unified School District et al
ORDER by Judge Hamilton denying 317 Motion for Taxation of Costs. (pjhlc2, COURT STAFF) (Filed on 2/4/2014)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORDER DENYING MOTION TO
CITY OF UNION CITY,
No. C 09-2723 PJH
For the Northern District of California
United States District Court
Before the court is plaintiff’s motion to tax costs, seeking to reduce the amount of
costs owed from $20,135.03 (the amount taxed by the Clerk) to $1,598.88. On January 7,
2014, the court issued an order noting that plaintiff’s motion was not timely filed, but that it
would allow plaintiff one additional opportunity to show cause why the motion should not be
denied as untimely. See Dkt. 322. The court also allowed plaintiff an opportunity to identify
which of defendant’s costs (of those taxed by the Clerk) were not actually necessary to
defend against plaintiff’s claims and to explain how they were unrelated to claims
prosecuted on his behalf. However, the court informed the parties that it would not reach
the merits of plaintiff’s motion unless it first found a reason to excuse its untimeliness. The
court gave plaintiff until January 17, 2014 to file a response addressing both issues raised
by the court. Plaintiff failed to file any response to the court’s order. Accordingly, plaintiff’s
motion to tax costs is DENIED as untimely filed. The Clerk’s taxation of costs in the
amount of $20,135.03 shall stand.
IT IS SO ORDERED.
Dated: February 4, 2014
PHYLLIS J. HAMILTON
United States District Judge
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