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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 STEPHEN BARRY, 12 13 Plaintiff(s), No. C 11-00847 DMR ORDER OVERRULING OBJECTIONS TO BILL OF COSTS v. 14 UNITED STATES OF AMERICA, 15 Defendant(s). ___________________________________/ 16 17 On January 17, 2013, Plaintiff, the prevailing party in this case, [see Docket No. 68], filed a 18 bill of costs totaling $12,178.19. [Docket No. 69.] The costs included the following components: a 19 $350 filing fee, $225.89 for serving the summons and complaint, $6606.74 for printed or 20 electronically recorded transcripts necessary for use in the case, $613.88 in fees and disbursements 21 for printing, $80 for copying costs, and $4692.20 for airfare incurred to depose a witness. Plaintiff 22 subsequently withdrew the $613.88 for printing and $4692.20 for airfare, leaving the total at 23 $6872.11. [See Docket No. 70 (Def.’s Objections) at 2.] 24 On January 30, 2013, Defendant filed objections to Plaintiff’s bill of costs. Defendant 25 contends that none of Plaintiff’s costs are reasonable, because Plaintiff received only 0.47% of the 26 compensation he originally sought and, therefore, “grossly overvalued his case.” (Def.’s Objections 27 2.) More specifically, Defendant argues that the costs of the trial transcript are improper because, in 28 contravention of Civil Local Rule 54-3(b), they were not “necessarily obtained for an appeal,” “a 1 transcript of a statement by a Judge from the bench which is to be reduced to a formal order 2 prepared,” or “approved by a Judge or stipulated to be recoverable by counsel.” (Def.’s Objections 3 2 (quoting N.D. Cal. Civ. L.R. 54-3(b)) (quotation marks omitted).) 4 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. 7 R. Civ. P. 54(d)(1)) (brackets and ellipses in original). However, the court may award costs against 8 the United States, as in this case, only to the extent allowed by law. Fed. R. Civ. P. 54(d)(1). In the 9 present case, the court finds Plaintiff’s costs warranted. Plaintiff was not unfounded in finding the 10 transcripts necessary for use in the case. See Indep. Iron Works, Inc. v. U.S. Steel Corp., 322 F.2d 11 656, 678 (9th Cir. 1963). The court therefore overrules Defendant’s objections and awards 12 $6872.11 in costs payable to Plaintiff. RT 17 . Ryu onna M Judge D DONNA M. RYU United States Magistrate Judge E H 18 19 20 21 22 23 24 25 26 27 28 2 RN R NIA Dated: February 4, 2013 LI 16 A 15 DERED O OR IT IS S FO S IT IS SO ORDERED. UNIT ED 14 S DISTRICT TE C TA RT U O 13 NO For the Northern District of California shall be allowed as of course to the prevailing party unless the court otherwise directs . . . .’” 6 United States District Court 5 F D IS T IC T O R C

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