Phoenix Technologies Ltd. v. VMware, Inc.

Filing 505

ORDER DIRECTING TAXATION OF COSTS Re Docket No. 503 . Signed by Judge Haywood S. Gilliam, Jr. on 10/29/2018. (ndrS, COURT STAFF) (Filed on 10/29/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHOENIX TECHNOLOGIES LTD.,

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Plaintiff,

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v.

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FINAL ORDER DIRECTING
TAXATION OF COSTS

VMWARE, INC.,

Re: Dkt. No. 503
Defendant.

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United States District Court
Northern District of California

Case No. 15-cv-01414-HSG

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On September 30, 2018 the Court granted in part and denied in part Defendant VMWare,

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Inc.’s motion for review of the Clerk’s taxation of costs. See Dkt. No. 503 (“Order”). The Court

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directed Defendant to file an accounting and documentation of the costs of the trial transcripts,

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which it did on October 3, see Dkt. No. 504 (“Accounting”).

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In its Accounting, Defendant sought $6,486.81 in costs for daily transcripts. Accounting ¶

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6. Defendant calculated that total by multiplying its cost per page for daily transcripts ($3.63) by

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the total number of transcript pages for which it was charged (1,787 pages). Id. ¶¶ 3–6. The Court

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finds this to be a reasonable and fair estimate of the cost of transcripts for trial. As previously

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ordered, the Court will also award $262.65 for the cost of the summary judgment transcript. See

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Order at 6. In total, the Court awards an additional $6,749.46 in costs for transcripts.

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Having made its final determinations in this matter, the Court now directs the Clerk to tax

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costs as follows:

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Category
Service of Process
Reporters’ Transcripts
Deposition Transcripts &
Video Recordings
Deposition Exhibits
Notary & Reporter
Attendance Fees
Disclosure & Formal
Discovery Documents
Visual Aids
Witness Fees & Expenses
Interpreters
TOTAL

Amount Allowed
by Clerk
$0
$136.80
$39,383.79

Modification by
the Court’s Order
$0
+$6,749.46
+$932.15

Final Taxation

$3,790.50
$0

$0
$0

$3,790.50
$0

$96,162.66

($77,063.06)

$19,099.60

$45,273.54
$1,754.15
$1,125.00
$187,626.44

+$13,734.00
$0
$0
($55,647.45)

$59,007.54
$1,754.15
$1,125.00
$131,978.99

$0
$6,886.26
$40,315.94

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: 10/29/2018
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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