U.S. Bank National Association v. Ho'olehua Housing, LP

Filing 73

ORDER GRANTING PLAINTIFF'S BILL OF COSTS re 61 - Signed by Judge BARRY M. KURREN on 9/16/13. "Accordingly, the Court GRANTS the Bill of Costs and awards Plaintiff $1,103.18 in costs." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT

FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
3:42 pm, Sep 16, 2013
SUE BEITIA, CLERK

FOR THE DISTRICT OF HAWAII
U.S. BANK NATIONAL
ASSOCIATION,

)
)
)
Plaintiff,
)
)
vs.
)
)
HO`OLEHUA HOUSING, LP,
)
)
Defendant.
)
______________________________ )

Civ. No. 12-00478 BMK
ORDER GRANTING PLAINTIFF’S
BILL OF COSTS

ORDER GRANTING PLAINTIFF’S BILL OF COSTS
Before the Court is Plaintiff U.S. Bank National Association’s Bill of
Costs (Doc. 61). After careful consideration of the Bill of Costs and the opposing
memoranda, the Court GRANTS the Bill of Costs and awards Plaintiff $1,103.18
in costs.
On July 30, 2013, this Court granted summary judgment in favor of
Plaintiff and Judgment was entered against Defendant. On August 13, Plaintiff
filed its Bill of Costs, seeking recovery for the following costs:
Photocopying
Postage
Sheriff’s Fee
Long Distance Calls
Filing Fee
TOTAL

$592.20 (2,961 pages at $0.20/page)
$3.75
$85.00
$4.23
$418.00
$1,103.18

Bill of Costs at 2. Defendant filed an Objection to the Bill of Costs, raising two
issues to the Court.
First, Defendant argues that Plaintiff failed to meet and confer in a
good faith effort to resolve any disputes about the costs. (Opp. at 2.) Defendant
acknowledges that “Plaintiff’s counsel attempted to contact Randall K. Schmitt,
Esq. to discuss these costs[; h]owever, Plaintiff’s counsel does not indicate why he
did not attempt to contact all counsel of record for Ho`olehua Housing either by
phone or e-mail.” (Id.)
Local Rule 54.2(c) states that a bill of costs shall “contain a
representation that counsel met and conferred in an effort to resolve any disputes
about the claimed costs.” Plaintiff’s counsel’s declaration attached to the Bill of
Costs states that, “On more than one occasion, I called opposing, Randall Schmitt,
Esq., in an attempt to confer regarding US Bank’s motion for attorneys’ fees and
bill of costs in a good faith effort to resolve any additional disputes regarding the
same.” (Yoshida Decl’n ¶ 8.) Additionally, Plaintiff’s Statement of Consultation
notes that Plaintiff’s counsel made several more attempts to contact defense
counsel and was finally able to confer with Matthew T. Evans and Jordon K.
Kimura on August 26, 2013, at which time no agreement was reached as to costs or
fees. In light of Plaintiff’s attempts to contact defense counsel and given that
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counsel did confer on the issue of fees and costs, the Court is satisfied that Plaintiff
met the requirements of Local Rule 54.2(c).
Second, Defendant challenges Plaintiff’s copying costs as excessive.
Local Rule 54.2(f)(4) states: “The practice of this court is to allow taxation of
copies at $.15 per page or the actual cost charged by commercial copiers, provided
such charges are reasonable.” Plaintiff seeks costs for 2,961 pages at $0.20 per
page, at a total cost of $592.20. (Bill of Costs at 2.) Exhibit 1 attached to the Bill
of Costs shows that Plaintiff incurred $592.20 in actual costs for photocopying.
The Court finds that copying costs at $0.20 per page is reasonable. Therefore, the
Court grants Plaintiff’s request for $592.20 in photocopying costs.
Defendant raises no other objections to Plaintiff’s Bill of Costs.
Accordingly, the Court GRANTS the Bill of Costs and awards Plaintiff $1,103.18
in costs.
DATED: Honolulu, Hawaii, September 16, 2013.
IT IS SO ORDERED.

/s/ Barry M. Kurren
United States Magistrate Judge
Dated: September 16, 2013

U.S. Bank Nat’l Assoc. v. Ho`olehua Housing, LP, Civ. No. 12-00478 BMK; ORDER
GRANTING PLAINTIFF'S BILL OF COSTS.
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