Binkovich et al v. Barthelmy et al

Filing 105

ORDER GRANTING MOTION RE TAXATION OF COSTS by Magistrate Judge Paul Singh Grewal granting 97 . Costs taxed in the amount of $ 5,176.97 against Bruce Barthelmy.(psglc1S, COURT STAFF) (Filed on 8/20/2014)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11

ALEKSANDR BINKOVICH

12

Plaintiff,
v.

13
14

OFFICER BARTHELMY, et al.,

ORDER GRANTING MOTION RE
TAXATION OF COSTS
(Re: Docket No. 97)

Defendants.

15
16
17

Case No. 5:11-cv-03774-PSG

Before the court is a motion from Plaintiff Aleksandr Binkovich to vacate the Clerk’s
taxation of costs. While his counsel raised objections at the hearing yesterday, Defendant Bruce

18
Barthelmy filed no opposition. After considering the parties’ arguments, the court GRANTS
19
20

Binkovich’s motion.
The crux of the dispute is that Binkovich’s counsel was a few days late in filing his

21
22

declaration supporting the costs he seeks in this case and asks the court to consider his tardy

23

declaration. The case law in this area permits the court to consider a declaration that is a few days

24

late. 1 Because Binkovich’s late declaration has not prejudiced Defendants and otherwise

25

establishes Binkovich is entitled to the costs he seeks, the court GRANTS Binkovich’s motion.

26
27

Costs shall be taxed against Barthelmy in the amount of $5,176.97.
1

28

See Walker v. California, 200 F.3d 624, 626 (9th Cir. 1999); Rodriguez v. Barrita, Inc., Case No.
5:09-cv-04057-RS, 2014 WL 2967925, at *13 (N.D. Cal. July 1, 2014).
1
Case No. 5:11-cv-03774-PSG
ORDER GRANTING MOTION RE TAXATION OF COSTS