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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STERLING SKINNER,

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Plaintiff,
v.

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ORDER DENYING MOTION TO
TAX COSTS

CITY OF UNION CITY,

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No. C 09-2723 PJH

Defendant.
_______________________________/

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For the Northern District of California

United States District Court

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Before the court is plaintiff’s motion to tax costs, seeking to reduce the amount of

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costs owed from $20,135.03 (the amount taxed by the Clerk) to $1,598.88. On January 7,

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2014, the court issued an order noting that plaintiff’s motion was not timely filed, but that it

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would allow plaintiff one additional opportunity to show cause why the motion should not be

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denied as untimely. See Dkt. 322. The court also allowed plaintiff an opportunity to identify

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which of defendant’s costs (of those taxed by the Clerk) were not actually necessary to

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defend against plaintiff’s claims and to explain how they were unrelated to claims

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prosecuted on his behalf. However, the court informed the parties that it would not reach

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the merits of plaintiff’s motion unless it first found a reason to excuse its untimeliness. The

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court gave plaintiff until January 17, 2014 to file a response addressing both issues raised

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by the court. Plaintiff failed to file any response to the court’s order. Accordingly, plaintiff’s

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motion to tax costs is DENIED as untimely filed. The Clerk’s taxation of costs in the

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amount of $20,135.03 shall stand.

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IT IS SO ORDERED.

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Dated: February 4, 2014
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______________________________
PHYLLIS J. HAMILTON
United States District Judge