Nishimoto v. County of San Diego et al

Filing 176

ORDER on 170 Plaintiff's Motion to Retax Costs. Plaintiffs motion is GRANTED as to her alternative request for a stay and DENIED without prejudice to her re-filing her motion to re-tax costs after the appeal has concluded.Signed by Judge Roger T. Benitez on 1/30/2020. (mme)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROCHELLE NISHIMOTO,

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Case No.: 3:16-cv-1974-BEN-LL
Plaintiff,

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V.

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COUNTY OF SAN DIEGO, et al.,

ORDER ON PLAINTIFF'S MOTION
TO RETAX COSTS
[Doc. 170]

Defendants.

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Plaintiff Nishimoto moves this Court to re-tax and reduce to zero the clerk's order

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taxing costs of$21,065.09 for Defendant CPMG and $21,756.26 for Defendant Brantman.

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Doc. 170. In the alternative, Plaintiff moves the Court to stay the execution of those costs

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until Plaintiffs appeal is decided. Because this matter is currently on appeal before the

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Ninth Circuit, the Court finds a stay in the execution of costs is warranted. Accordingly,

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Plaintiffs motion is GRANTED as to her alternative request for a stay and DENIED

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without prejudice to her re-filing her motion to re-tax costs after the appeal has concluded.

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IT IS SO ORDERED.

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Date: Janu~2020

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3: 16-cv-1974-BEN-LL