Abaxis, Inc. v. Cepheid

Filing 296

ORDER ASSESSING JURY COSTS. Signed by Judge Lucy H. Koh on 9/25/2012. (lhklc4, COURT STAFF) (Filed on 9/25/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ABAXIS, INC.,
Plaintiff,
v.
CEPHEID,
Defendant.

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Case No.: 10-CV-2840-LHK
ORDER ASSESSING JURY COSTS

This case was set for trial on Monday, September 24, 2012. Jury selection was set to begin

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at 1:30 p.m. The previous Wednesday, September 19, 2012, the parties emailed the Courtroom

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Deputy notice that, “the parties were unable to reach a settlement.” The parties did not indicate

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that settlement remained possible. If the Court had received notice that settlement remained

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possible by Sunday, September 23, 2012, at 5:00 p.m., the Court could have instructed the jurors to

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call to confirm their summons on the morning of Monday, September 24, 2012. However, the

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Court received no further communications from the parties regarding settlement until Monday,

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September 24, 2012, at 8:45 a.m., when the parties hand-delivered a letter stating, “The parties

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anticipate that they will have a final, executed settlement agreement and a stipulation of dismissal

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on file by 1:30 p.m.” At 9:44 a.m., September 24, 2012, the parties filed a Stipulation of Dismissal

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with Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See Dkt. No. 294. The

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Court notified the parties that their Stipulation of Dismissal was filed too late to excuse the

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Case No.: 10-CV-2840-LHK
ORDER ASSESSING JURY COSTS

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potential jurors from appearing for jury duty that afternoon. See Dkt. No. 295. Accordingly, the

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Court notified the parties that it would assess jury costs pursuant to Civil Local Rule 40-1. Id.

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IT IS HEREBY ORDERED that the jury attendance costs in the amount of $3,070.87 are

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assessed against the parties. These costs are broken down as follows: (1) $1720.00 to pay the $40

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per diem attendance fee to 43 of the 44 potential jurors who appeared1; (2) $795.87 to reimburse

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the potential jurors for travel costs at $0.555 per mile; and (3) $555.00 to pay for parking validation

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for the potential jurors. Any party wishing to contest this assessment may do so by filing a

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declaration showing cause why the costs should not be assessed by Noon, October 2, 2012.

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Otherwise, by that time each party shall pay $1,535.44, by check payable to the Clerk of Court,

United States District Court
For the Northern District of California

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United States District Court, 280 South 1st Street, San Jose, CA 95113.

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IT IS SO ORDERED.

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Dated: September 25, 2012

_________________________________
LUCY H. KOH
United States District Judge

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One potential juror declined payment.
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Case No.: 10-CV-2840-LHK
ORDER ASSESSING JURY COSTS