Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 192

Proposed Order re 191 Reply to Opposition/Response, SUPPLEMENTAL by Petroliam Nasional Berhad. (Clark, Perry) (Filed on 5/2/2012)

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PERRY R. CLARK, State Bar No. 197101
LAW OFFICES OF PERRY R. CLARK
825 San Antonio Road
Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff
PETROLIAM NASIONAL BERHAD (PETRONAS)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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PETROLIAM NASIONAL BERHAD
(PETRONAS),
Plaintiff,

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vs.

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GODADDY.COM, INC.,
Defendant.

CASE NO: 09-CV-5939 PJH (MEJ)

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[SUPP. PROP.] ORDER RE MOT. UNDER FRCP 54(D)(1) FOR
COURT TO REVIEW CLERK’S ACTION TAXING COSTS
Case No. 09-CV-5939 PJH (MEJ)

Noticed Hearing Date: May, 16, 2012
Noticed Hearing Time: 9:00 a.m.
[SUPPLEMENTAL PROPOSED] ORDER
ON PLAINTIFF’S
MOTION UNDER FED. R. CIV. P.
54(D)(1) FOR THE COURT TO REVIEW
THE CLERK’S ACTION TAXING COSTS

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For the reasons set forth below and in Plaintiff Petronas’s moving papers (Docs. 186 and

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191), the Court decides Plaintiff Petronas’s Motion Under Fed. R. Civ. P. 54(D)(1) for the Court

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to Review the Clerk’s Action Taxing Costs (Doc. 180) as set forth in the selected paragraphs

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(such as by a  or a ) below:

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TOTALITY OF COSTS

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GoDaddy shall not recover any costs incurred in connection with this action prior to
the date of entry of the Court’s judgment (Doc 174) entered on February 16, 2012.

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SPECIFIC ITEMS OF COSTS
GoDaddy listed its requested items of costs in Exhibit B to its Bill of Costs and assigned

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a number to each cost item. Ex. F (Exhibit B to GoDaddy’s Bill of Costs (Doc. 175-2)). For

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convenience, the Court will refer in this order to each “Item” of cost using the numbers assigned

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by GoDaddy in Document 175-2.

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Item 4—Deposition of Yeoh Suat Gaik

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GoDaddy shall not recover any costs incurred in connection with the deposition of Ms.
Yeoh Suat Gaik and the Clerk’s Bill of Costs (Doc. 180) is reduced by $1,243.80.

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GoDaddy shall not recover any costs for “Rough Draft” incurred in connection with

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the deposition of Ms. Yeoh Suat Gaik and the Clerk’s Bill of Costs (Doc. 180) is reduced by

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$177.50.

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GoDaddy shall not recover any costs for “Shipping & Handling” incurred in

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connection with the deposition of Ms. Yeoh Suat Gaik and the Clerk’s Bill of Costs (Doc. 180) is

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reduced by $15.00.

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Item 5—Deposition of Kevin Fitzsimmons

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GoDaddy shall not recover any costs incurred in connection with the deposition of Mr.
Kevin Fitzsimmons and the Clerk’s Bill of Costs (Doc. 180) is reduced by $1,161.76.

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[SUPP. PROP.] ORDER RE MOT. UNDER FRCP 54(D)(1) FOR
COURT TO REVIEW CLERK’S ACTION TAXING COSTS
Case No. 09-CV-5939 PJH (MEJ)

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GoDaddy shall not recover any costs for “Rough Draft” incurred in connection with

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the deposition of Mr. Kevin Fitzsimmons and the Clerk’s Bill of Costs (Doc. 180) is reduced by

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$102.50.

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GoDaddy shall not recover any costs for “Shipping & Handling” incurred in

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connection with the deposition of Mr. Kevin Fitzsimmons and the Clerk’s Bill of Costs (Doc.

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180) is reduced by $15.00.

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GoDaddy shall not recover any costs for “Expedited” handling incurred in connection

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with the deposition of Mr. Kevin Fitzsimmons and the Clerk’s Bill of Costs (Doc. 180) is

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reduced by the entire amount ($1,161.76) because the amount of the cost for “expedited”

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handling is not evident from the invoice submitted.

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GoDaddy shall not recover any costs for “Expedited” handling incurred in connection

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with the deposition of Mr. Kevin Fitzsimmons and the Bill of Costs is be remanded to the Clerk

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for re-taxing after GoDaddy provides sufficient documentation.

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Item 6—Deposition of Tina Dam

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GoDaddy shall not recover any costs incurred in connection with the deposition of
Ms. Tina Dam and the Clerk’s Bill of Costs (Doc. 180) is reduced by $1,1991.18.
GoDaddy shall not recover any costs for “Rough Draft” incurred in connection with
the deposition of Ms. Tina Dam and the Clerk’s Bill of Costs (Doc. 180) is reduced by $181.25.
GoDaddy shall not recover any costs for “Shipping & Handling” incurred in

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connection with the deposition of Ms. Tina Dam and the Clerk’s Bill of Costs (Doc. 180) is

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reduced by $51.47.

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GoDaddy shall not recover any costs for “ASCII & Condensed” incurred in

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connection with the deposition of Ms. Tina Dam and the Clerk’s Bill of Costs (Doc. 180) is

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reduced by $16.00.

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GoDaddy shall not recover any costs for “Expedited” handling incurred in connection
with the deposition of Ms. Tina Dam and the Clerk’s Bill of Costs (Doc. 180) is reduced by the
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[SUPP. PROP.] ORDER RE MOT. UNDER FRCP 54(D)(1) FOR
COURT TO REVIEW CLERK’S ACTION TAXING COSTS
Case No. 09-CV-5939 PJH (MEJ)

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entire amount ($1,991.18) because the amount of the cost for “expedited” handling is not evident

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from the invoice submitted.

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GoDaddy shall not recover any costs for “Expedited” handling incurred in connection

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with the deposition of Ms. Tina Dam and the Bill of Costs is be remanded to the Clerk for re-

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taxing after GoDaddy provides sufficient documentation.

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Item 8—Depositions of Anderson, Hanyen, and Simonini

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GoDaddy shall not recover any costs for “Rough Draft” incurred in connection with

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these depositions and the Clerk’s Bill of Costs (Doc. 180) is reduced by $261.00 (for rough

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drafts of the transcripts of Anderson ($105.00), Hanyen ($126.00), and Simonini ($30.00)).

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GoDaddy shall not recover any costs for “Shipping & Handling” incurred in

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connection with these depositions and the Bill of Costs (Doc. 180) is reduced by $9.65.

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Item 9—Depositions of Jett, Hertz, and Bilunes

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GoDaddy shall not recover any costs for “Rough Draft” incurred in connection with

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these depositions and the Bill of Costs (Doc. 180) is reduced by $94.50 (for rough drafts of the

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transcripts of Jett ($21.00), Hertz ($34.50), and Bilunes ($39.00)).

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GoDaddy shall not recover any costs for “Shipping & Handling” incurred in

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connection with these depositions and the Bill of Costs (Doc. 180) is reduced by $9.65.

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Item 10—Depositions of Ede, Hanyen, and Carlson

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GoDaddy shall not recover any costs for the arithmetic error in the invoice for these
depositions and the Bill of Costs (Doc. 180) is reduced by $199.70.
GoDaddy shall not recover any costs for “3-Day Expedite” incurred in connection

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with these depositions and the Bill of Costs (Doc. 180) is reduced by $283.20 (for “3-Day

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Expedite” of the transcripts of Ede ($122.40), Hanyen ($98.40), and Carlson ($62.40)).

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GoDaddy shall not recover any costs for “Rough Draft” incurred in connection with

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the Ede and Hanyen depositions and the Bill of Costs (Doc. 180) is reduced by $93.00 (for rough

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drafts of the transcripts of Ede ($67.50), Hanyen ($25.50)).

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[SUPP. PROP.] ORDER RE MOT. UNDER FRCP 54(D)(1) FOR
COURT TO REVIEW CLERK’S ACTION TAXING COSTS
Case No. 09-CV-5939 PJH (MEJ)

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GoDaddy shall not recover any costs for “Shipping & Handling” incurred in

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connection with these depositions and the Bill of Costs (Doc. 180) is reduced by $9.65.

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Item 14—“Forensic Technician-Per Hour”

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GoDaddy shall not recover any costs for the “per hour” cost incurred by a “forensic

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technician” and the Bill of Costs (Doc. 180) is reduced by $1,968.75 (the entire amount of Item

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14).

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Item 15—“Mid-Level Tech Time . . . @ $125/Hour”

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GoDaddy shall not recover any costs for the “per hour” cost incurred for “Mid-Level
Tech” and the Bill of Costs (Doc. 180) is reduced by $125.00.
Item 16—“Mid-Level Tech Time . . . @ $75/Hour”
GoDaddy shall not recover any costs for the “per hour” cost incurred for “Mid-Level

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Tech” and the Bill of Costs (Doc. 180) is reduced by $75.00.

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Item 17—“High-Level Tech Time . . . @ $125/Hour”

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GoDaddy shall not recover any costs for the “per hour” cost incurred for “High-Level

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Tech” and the Bill of Costs (Doc. 180) is reduced by $62.60.

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Item 19—“Native Reconstructed Blowbacks” and “Alpha or Numeric Tabs”

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GoDaddy shall not recover any costs for “Native Reconstructed Blowbacks” and

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“Alpha or Numeric Tabs” and the Bill of Costs (Doc. 180) is reduced by $116.18 (the entire

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amount of Item 19).

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Item 20—“Native Reconstructed Blowbacks”

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GoDaddy shall not recover any costs for “Native Reconstructed Blowbacks” and the

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Bill of Costs (Doc. 180) is reduced by $317.61 (the entire amount of Item 20).

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Item 21—“Mid-Level Tech Time . . . @ $125/Hour”

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GoDaddy shall not recover any costs for “Mid-Level Tech Time (to prepare
production) @ $125/hour” and the Bill of Costs (Doc. 180) is reduced by $31.25.

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[SUPP. PROP.] ORDER RE MOT. UNDER FRCP 54(D)(1) FOR
COURT TO REVIEW CLERK’S ACTION TAXING COSTS
Case No. 09-CV-5939 PJH (MEJ)

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Item 22—“Mid-Level Tech Time . . . @ $75/Hour” and “Blowbacks”
GoDaddy shall not recover any costs for “Mid-Level Tech Time” and “Blowbacks”

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and the Bill of Costs (Doc. 180) is reduced by $252.33 (the entire amount of Item 22).

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Item 23—“Native Reconstructed Blowbacks”

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GoDaddy shall not recover any costs for “Native Reconstructed Blowbacks” and the

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Bill of Costs (Doc. 180) is reduced by $113.79 (the entire amount of Item 23).

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Item 24—“Blowbacks”

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GoDaddy shall not recover any costs for “Blowbacks” and the Bill of Costs (Doc.
180) is reduced by $367.70 (the entire amount of Item 24).
Items 25 to 29—“Alpha or Numeric Tabs,” “Binder[s],” “Custom Spines,” and “Custom
Tabs”
GoDaddy shall not recover any costs for “Alpha or Numeric Tabs” and the Bill of

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Costs (Doc. 180) is reduced by $139.25 ($19.25 from Item 25, $84.00 from Item 27, $16.75 from

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Item 28, and $19.25 from Item 29).

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GoDaddy shall not recover any costs for “Binder[s]” and the Bill of Costs (Doc. 180)
is reduced by $65.00 ($22.50 from Item 25, $22.50 from Item 26, and $20.00 from Item 28).
GoDaddy shall not recover any costs for “Custom Spines” and the Bill of Costs (Doc.
180) is reduced by $7.00 ($4.50 from Item 26 and $4.50 from Item 28).

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GoDaddy shall not recover any costs for “Custom Tabs” and the Bill of Costs (Doc.

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180) is reduced by $53.00 ($43.50 from Item 26, $5.00 from Item 28, and $4.50 from Item 29).

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Item 30—“High-Level Tech Time . . . @ $125/Hour”

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GoDaddy shall not recover any costs for the “per hour” cost incurred for “High-Level

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Tech” and the Bill of Costs (Doc. 180) is reduced by $62.60 (the entire amount of Item 30).

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Item 31—“Native Reconstructed Blowbacks”

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GoDaddy shall not recover any costs for “Native Reconstructed Blowbacks” and the
Bill of Costs (Doc. 180) is reduced by $81.71 (the entire amount of Item 31).
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[SUPP. PROP.] ORDER RE MOT. UNDER FRCP 54(D)(1) FOR
COURT TO REVIEW CLERK’S ACTION TAXING COSTS
Case No. 09-CV-5939 PJH (MEJ)

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Item 32—“Mid-Level Tech Time,” “Native Reconstructed Blowbacks,” “Custom Divider
Tabs,” “3’ Regular Binders @ $10/each”
GoDaddy shall not recover any costs for “Mid-Level Tech Time,” “Native

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Reconstructed Blowbacks,” “Custom Divider Tabs,” “3’ Regular Binders @ $10/each” and the
Bill of Costs (Doc. 180) is reduced by $530.21 (the entire amount of Item 32).
Item 33—“Native Reconstructed Blowbacks”
GoDaddy shall not recover any costs for “Native Reconstructed Blowbacks” and the

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Bill of Costs (Doc. 180) is reduced by $98.72 (the entire amount of Item 33).
Item 34—“Mid-Level Tech Time”
GoDaddy shall not recover any costs for “Mid-Level Tech Time: Revised the volumes

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two times requested by client @125/hour” and the Bill of Costs (Doc. 180) is reduced by
$250.00 (the entire amount of Item 34).
Item 35—“High-Level Tech Time”
GoDaddy shall not recover any costs for “High-Level Tech Time: Prepare PDFS @

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$125/hour” and the Bill of Costs (Doc. 180) is reduced by $32.09.
Item 36—“Native Reconstructed Blowbacks”
GoDaddy shall not recover any costs for “Native Reconstructed Blowbacks” and the

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Bill of Costs (Doc. 180) is reduced by $51.18 (the entire amount of Item 36).

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IT IS SO ORDERED,

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Dated:
Hon. Phyllis J. Hamilton
United States District Judge

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[SUPP. PROP.] ORDER RE MOT. UNDER FRCP 54(D)(1) FOR
COURT TO REVIEW CLERK’S ACTION TAXING COSTS
Case No. 09-CV-5939 PJH (MEJ)