United Public Worke v. Rodrigues

Filing 140

Report of Special Master On Plaintiffs' Supplemental Memorandum In Support of Request for Costs re 137 . Signed by JUDGE LESLIE E KOBAYASHI on 9/4/08. "In accordance with the foregoing, this Court, acting as Special Master, FINDS and RECOMMENDS that Plaintiffs Supplemental Request, filed August 18, 2008, be GRANTED. TheCourt RECOMMENDS that the district judge award Plaintiffs $2,733.89 in costs."(gls, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII STEVEN DECOSTA IN HIS REPRESENTATIVE CAPACITY AS CHAIRPERSON OF THE BOARD OF TRUSTEES OF UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO, Plaintiffs, vs. GARY RODRIGUES, Defendant. _____________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 03-00598 DAE-LEK

REPORT OF SPECIAL MASTER ON PLAINTIFFS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF REQUEST FOR COSTS On May 16, 2008, Plaintiffs Steven DeCosta in His Representative Capacity as Chairperson of the Board of Trustees of United Public Workers, AFSCME, Local 646, AFL-CIO, Mutual Aid Fund Trust, Real Party in Interest United Public Workers, AFSCME, Local 646, AFL-CIO ("collectively Plaintiffs") filed their Motion for (1) Pre-Judgement Interest, (2) Attorney's Fees, and (3) Costs ("Motion"), seeking an award of $94,707.20 in pre-judgment interest, $72,540.46 in attorneys' fees, and $4,491.22 in costs. On August 8, 2008, this Court issued its Report of Special Master regarding the Motion ("Report"). The Court found that, inter

alia, Plaintiffs' costs were not compensable because they failed to provide supporting documentation as required by the Local Rules. The Court gave Plaintiffs leave to file supplemental

documentation by August 18, 2008. On August 18, 2008, Plaintiffs filed the instant Supplemental Memorandum in Support of Request for Costs ("Supplemental Request"), seeking $2,733.891 in costs. The Court

gave Defendant Gary Rodrigues ("Defendant") until September 3, 2008 to file a response to the Supplemental Request, but Defendant did not do so. The Court finds this matter suitable for disposition without a hearing pursuant to Rule LR7.2(d) of the Local Rules of Practice of the United States District Court for the District of Hawaii ("Local Rules"). After reviewing the Supplemental Request

and the relevant legal authority, the Court FINDS and RECOMMENDS that Plaintiffs' Supplemental Request be GRANTED. The Court

RECOMMENDS that the district judge award Plaintiffs $2,733.89 in costs. DISCUSSION The district judge ruled that Plaintiffs are entitled to an award of attorneys' fees and costs pursuant to 29 U.S.C. § 1132(g)(1), which provides: "In any action . . . by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney's fee and costs of

There were some typographical errors in Plaintiffs' summary of expenses. [Supplemental Request, Aff. of Andrew D. Stewart ("Stewart Aff."), Exh. B.] The Court has adjusted the amount of Plaintiffs' request accordingly. 2

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action to either party." seek the following costs:

29 U.S.C. § 1132(g)(1).

Plaintiffs

Fees for the clerk Fees for service of summons and subpoena Fees for the court reporter for all or any part of the transcript necessarily obtained for use in the case Fees for printing TOTAL [Supplemental Request at 2.] I. Fees of the Clerk

$ 164.00 $ 642.00 $1,383.54 $ 544.35 $2,733.89

Plaintiffs incurred $164.00 on October 31, 2003 for the filing fee and certification fee for the Complaint. Plaintiffs [Exh. C

submitted processed checks in support of these expenses. to Stewart Aff. at 1-2.]

The Court FINDS that these expenses

were reasonable and were necessarily incurred in this case and are therefore compensable. The Court RECOMMENDS that the

district judge grant Plaintiffs' request for fees of the clerk in full. II. Service Fees Plaintiffs' counsel incurred the following fees for service of process: 11/24/03 11/7/06 12/11/06 12/11/06 [Id. at 3-7.] Gary Rodrigues - Complaint & Summons UPW - subpoena Albert Hewitt - subpoena (attempt) Albert Hewitt - subpoena (completed) Total $107.00 $350.00 $ 35.00 $150.00 $642.00

Plaintiffs submitted invoices for these fees, as [Id.] The Court

well as copies of checks paid for the invoices. 3

FINDS that these expenses were reasonable and were necessarily incurred in this case and are therefore compensable. The Court

RECOMMENDS that the district judge grant Plaintiffs' request for service fees in full. III. Court Reporter Fees Plaintiffs' counsel incurred the following fees for deposition transcripts: 3/6/07 9/28/07 10/16/07 [Id. at 8-13.] [Id.] Deposition of Albert Hewitt Deposition of Steven De Costa Deposition of Dayton Nakanelua Total $ 674.41 $ 459.31 $ 249.82 $1,383.54

Plaintiffs submitted invoices for these fees.

The Court FINDS that these expenses were reasonable and

were necessarily incurred in this case and are therefore compensable. The Court RECOMMENDS that the district judge grant

Plaintiffs' request for court reporter fees in full. IV. Copying Fees Plaintiffs' counsel incurred $544.35 for in-house copying costs throughout this case. Plaintiffs submitted a list

identifying all of the documents copied, the date of the copies, and the number of pages copied. [Exh. A to Stewart Aff.] The

Supplemental Request reflects a charge of $0.15 per page. Plaintiffs' counsel eliminated copies made for the use and convenience of Plaintiffs' and counsel. [Stewart Aff. at ¶ 5.]

The Court FINDS that these expenses were reasonable and were necessarily incurred in this case and are therefore compensable. 4

See Local Rule LR54.2(f)4. ("The practice of this court is to allow taxation of copies at $.15 per page . . . . The cost of

copies obtained for the use and/or convenience of the party seeking recovery and its counsel is not allowable."). The Court

RECOMMENDS that the district judge grant Plaintiffs' request for copying fees in full. CONCLUSION In accordance with the foregoing, this Court, acting as Special Master, FINDS and RECOMMENDS that Plaintiffs' Supplemental Request, filed August 18, 2008, be GRANTED. Court RECOMMENDS that the district judge award Plaintiffs $2,733.89 in costs. IT IS SO FOUND AND RECOMMENDED. DATED AT HONOLULU, HAWAII, September 4, 2008. The

/S/ Leslie E. Kobayashi Leslie E. Kobayashi United States Magistrate Judge

STEVEN DECOSTA, ETC., ET AL. V. GARY RODRIGUES; CIVIL NO 03-00598 DAE-LEK; REPORT OF SPECIAL MASTER ON PLAINTIFFS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF REQUEST FOR COSTS

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