Garcia et al v. Dudley

Filing 37

ORDER by Judge Whyte granting 35 Motion for Taxation of Costs. (rmwlc3, COURT STAFF) (Filed on 12/9/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER --No. C-08-02525 RMW TER E-FILED on 12/9/09 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Ignacio Garcia and Mike O'Donnell, as Trustees of the Valley Mortar Trades Holding Trust Fund and Pension Trust Fund for Plasterers Local 300; Plaintiffs, v. Troy Dudley, individually and doing business as Superior Stucco; Defendant. No. C-08-02525 RMW ORDER GRANTING PLAINTIFFS' MOTION TO RE-TAX COSTS [Re Docket No. 35] Plaintiffs' motion to re-tax costs was noticed for hearing on December 11, 2009. No opposition was filed. The court finds that this matter is suitable for decision without oral argument and accordingly, the December 11, 2009 hearing date is vacated. Having considered plaintiffs' papers, and for good cause appearing, plaintiff's motion to retax costs is granted. The judgement has already awarded reasonable attorney's fees and prejudgment interest. Plaintiffs' papers establish that it is appropriate to award $18,070.56 in prejudgment interest and $10,032.75 in attorney's fees. Accordingly, costs are taxed in the total amount of $28,849.43 and are included in the judgment. DATED: 12/8/09 RONALD M. WHYTE United States District Judge 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of this document has been electronically sent to: Counsel for Plaintiff: Sue Campbell suecampbell@att.net Notice of this document has been mailed to: Defendant: Troy Dudley Superior Stucco 4137 N. Academy Sanger, CA 93657 Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Dated: 12/9/09 TER Chambers of Judge Whyte ORDER --No. C-08-02525 RMW TER 2

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