Barry v. United States of America

Filing 74

ORDER re 70 Objection filed by United States of America. Signed by Magistrate Judge Donna M. Ryu on 2/4/2013. (dmrlc2, COURT STAFF) (Filed on 2/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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STEPHEN BARRY,

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Plaintiff(s),

No. C 11-00847 DMR
ORDER OVERRULING OBJECTIONS
TO BILL OF COSTS

v.

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UNITED STATES OF AMERICA,

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Defendant(s).
___________________________________/

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On January 17, 2013, Plaintiff, the prevailing party in this case, [see Docket No. 68], filed a

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bill of costs totaling $12,178.19. [Docket No. 69.] The costs included the following components: a

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$350 filing fee, $225.89 for serving the summons and complaint, $6606.74 for printed or

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electronically recorded transcripts necessary for use in the case, $613.88 in fees and disbursements

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for printing, $80 for copying costs, and $4692.20 for airfare incurred to depose a witness. Plaintiff

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subsequently withdrew the $613.88 for printing and $4692.20 for airfare, leaving the total at

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$6872.11. [See Docket No. 70 (Def.’s Objections) at 2.]

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On January 30, 2013, Defendant filed objections to Plaintiff’s bill of costs. Defendant

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contends that none of Plaintiff’s costs are reasonable, because Plaintiff received only 0.47% of the

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compensation he originally sought and, therefore, “grossly overvalued his case.” (Def.’s Objections

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2.) More specifically, Defendant argues that the costs of the trial transcript are improper because, in

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contravention of Civil Local Rule 54-3(b), they were not “necessarily obtained for an appeal,” “a

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transcript of a statement by a Judge from the bench which is to be reduced to a formal order

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prepared,” or “approved by a Judge or stipulated to be recoverable by counsel.” (Def.’s Objections

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2 (quoting N.D. Cal. Civ. L.R. 54-3(b)) (quotation marks omitted).)

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Pursuant to Federal Rule of Civil Procedure 54(d)(1), “‘[C]osts other than attorneys' fees

Champion Produce, Inc. v. Ruby Robinson Co., 342 F.3d 1016, 1022 (9th Cir. 2003) (quoting Fed.

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R. Civ. P. 54(d)(1)) (brackets and ellipses in original). However, the court may award costs against

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the United States, as in this case, only to the extent allowed by law. Fed. R. Civ. P. 54(d)(1). In the

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present case, the court finds Plaintiff’s costs warranted. Plaintiff was not unfounded in finding the

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transcripts necessary for use in the case. See Indep. Iron Works, Inc. v. U.S. Steel Corp., 322 F.2d

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656, 678 (9th Cir. 1963). The court therefore overrules Defendant’s objections and awards

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$6872.11 in costs payable to Plaintiff.

RT

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. Ryu

onna M
Judge D

DONNA M. RYU
United States Magistrate Judge
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RN

R NIA

Dated: February 4, 2013

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DERED

O OR
IT IS S

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IT IS SO ORDERED.

UNIT
ED

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S DISTRICT
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NO

For the Northern District of California

shall be allowed as of course to the prevailing party unless the court otherwise directs . . . .’”

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United States District Court

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F
D IS T IC T O
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