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)
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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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ALEKSANDR BINKOVICH
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Plaintiff,
v.
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OFFICER BARTHELMY, et al.,
ORDER GRANTING MOTION RE
TAXATION OF COSTS
(Re: Docket No. 97)
Defendants.
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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
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Barthelmy filed no opposition. After considering the parties’ arguments, the court GRANTS
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Binkovich’s motion.
The crux of the dispute is that Binkovich’s counsel was a few days late in filing his
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declaration supporting the costs he seeks in this case and asks the court to consider his tardy
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declaration. The case law in this area permits the court to consider a declaration that is a few days
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late. 1 Because Binkovich’s late declaration has not prejudiced Defendants and otherwise
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establishes Binkovich is entitled to the costs he seeks, the court GRANTS Binkovich’s motion.
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Costs shall be taxed against Barthelmy in the amount of $5,176.97.
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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).
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Case No. 5:11-cv-03774-PSG
ORDER GRANTING MOTION RE TAXATION OF COSTS
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