Wallack et al v. Idexx Laboratories, Inc et al

Filing 158

ORDER Denying Defendants Wright and Walters' 152 Motion to Retax Costs and Granting Defendants' Leave of Court to Refile Bill of Costs with Proper Documentation. The Court Ggrants Defendants leave to refile their Bill of Costs with the Clerk's Office within five days of the filing of this Order. Signed by Judge Gonzalo P. Curiel on 5/5/16. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SETH WALLACK and SAN DIEGO
VETERINARY IMAGING, INC.,
vs.

Plaintiffs,

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IDEXX LABORATORIES, INC.;
IDEXX REFERENCE
LABORATORIES, INC.; MATTHEW
WRIGHT; an individual; and
STEPHEN WALTERS, an individual

CASE NO. 11cv2996-GPC(KSC)
ORDER DENYING DEFENDANTS
WRIGHT AND WALTERS’
MOTION TO RETAX COSTS AND
GRANTING DEFENDANTS’
LEAVE OF COURT TO REFILE
BILL OF COSTS WITH PROPER
DOCUMENTATION
[Dkt. No. 152.]

Defendants.

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On April 1, 2016, Defendants Walters and Wright (“Defendants”) filed a Bill of

20 Costs with a hearing set on April 22, 2016. (Dkt. No. 147.) No opposition was filed.
21 On April 21, 2016, the Clerk of Court summarily denied all costs because appropriate
22 documentation, the actual invoices, were not submitted pursuant to Civil Local Rule
23 54.1(a) which provides that the “bill of costs must itemize the costs claimed and must
24 be supported by a memorandum of costs, an affidavit of counsel that the costs claimed
25 are allowable by law, are correctly stated, and were necessarily incurred, and copies of
26 the invoices for requested costs.” Civ. Local R. 54.1. Because the Clerk of Court
27 denied their Bill of Costs, on April 26, 2016, Defendants filed a motion for taxation of
28 costs pursuant to Federal Rule of Civil Procedure 54(d) and Local Civil Rule 54.1.
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[11cv2996-GPC(KSC)]

1 Because Defendants are now correcting their Bill of Costs submission by attaching
2 invoices to supports its costs, the Court GRANTS Defendants leave to refile their Bill
3 of Costs with the Clerk’s Office in compliance with Local Civil Rule 54.1 within five
4 days of the filing of this Order. Thus, the Court DENIES Defendants’ motion to retax
5 costs.
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IT IS SO ORDERED.

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8 DATED: May 5, 2016
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HON. GONZALO P. CURIEL
United States District Judge

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[11cv2996-GPC(KSC)]