Spirit of Aloha Temple et al v. County of Maui et al

Filing 451

ORDER Re: Bill Of Costs.To aid the parties in their meet and confer discussion, this court denies Plaintiff's request to stay the taxable costs pending appeal. If Plaintiff Spirit of Aloha Temple would like to stay taxable costs, it must post a bond for the full amount of those costs or have a stipulation to that effect. No later than February 21, 2020, the parties shall file a joint statement describing the results of the meet and confer.Signed by JUDGE SUSAN OKI MOLLWAY on 2/6/2020. (cib)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
SPIRIT OF ALOHA TEMPLE AND
FREDRICK R. HONIG,
Plaintiffs,
vs.
COUNTY OF MAUI,
Defendant,
____________________________

) CIVIL NO. 14-00535 SOM/RLP
)
) ORDER RE BILL OF COSTS
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ORDER RE BILL OF COSTS
On August 23, 2019, the jury returned a verdict in
favor of Defendant County of Maui and against Plaintiff Spirit of
Aloha Temple.
day.

See ECF No. 392.

See ECF No. 393.

Judgment was entered the same

On September 6, 2019, the County of Maui

filed a Bill of Costs and a Motion for Attorneys’ Fees.

See ECF

Nos. 396 and 397.
On September 9, 2019, Magistrate Judge Wes Reber Porter
filed a minute order, stating that the Local Rules had been
amended effective September 1, 2019.

Magistrate Judge Porter

noted that new Local Rule 54.2 “requires a pre-motion meet and
confer and a joint statement in addition to other requirements
related to the fees requested.”

Magistrate Judge Porter allowed

the County of Maui to withdraw its motion for attorneys’ fees and
to file a new motion after Local Rule 54.2 had been complied
with.

See ECF No. 398.

The County did that, but it met and

conferred only as to attorneys’ fees and nontaxable costs, not
taxable costs.

See ECF No. 407.

On September 25, 2019, the Clerk of Court taxed costs
in the amount of $17,755.72.

See ECF No. 404.

On October 1,

2019, Plaintiff Spirit of Aloha Temple filed a motion seeking
court review of the taxed costs.

See ECF No. 405.

On December 6, 2019, Magistrate Judge Porter filed
Findings and Recommendation to Grant in Part and to Deny in Part
Plaintiff Spirit of Aloha Temple’s Motion for Review of Taxable
Costs, recommending taxing costs of $16,458.95 (“F&R”).
No. 428.

See ECF

On December 20, 2019, Plaintiff Spirit of Aloha Temple

filed objections to the F&R, raising three main arguments.
ECF No. 431.

See

First, Plaintiff Spirit of Aloha Temple argues

that, under new Local Rule 54.1(a), failure to comply with any
requirement of Local Rule 54.1 waives a party’s right to seek
costs.

Second, Plaintiff Spirit of Aloha Temple objects to some

of the taxed costs.

Finally, Spirit of Aloha Temple contends

that taxation of costs should be stayed pending appeal.
Under the circumstances presented here, this court
overrules Plaintiff Spirit of Aloha Temple’s objection to the
extent it seeks to deem taxation of costs waived.

Under Local

Rule 1.2, this court may order that the prior version of the
Local Rules governs when justice requires.

Here, the version of

the Local Rules in effect at the time of Judgment had no

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provision waiving the right to taxation of costs when Local Rule
54.1 is not followed.

Moreover, when the Magistrate Judge told

Defendant County of Maui that only its attorneys’ fees motion did
not comply with the new Local Rules, the County may have thought
that its bill of costs was being deemed to have complied with the
Local Rules.

(The reality is that the bill of costs was at that

point with the Clerk of Court.)
In any event, to cure any prejudice that may have
arisen from any potential lack of compliance with the meet and
confer or memorandum requirements, and because Plaintiff appears
to agree that an award of some costs is appropriate, the parties
are ordered to meet and confer no later than February 14, 2020,
to identify taxable costs not in dispute.

The parties are also

ordered to discuss a possible settlement of the taxable costs, as
well as a settlement of the attorneys’ fees and nontaxable costs
issues.
To aid the parties in their meet and confer discussion,
this court denies Plaintiff’s request to stay the taxable costs
pending appeal.

If Plaintiff Spirit of Aloha Temple would like

to stay taxable costs, it must post a bond for the full amount of
those costs or have a stipulation to that effect.
No later than February 21, 2020, the parties shall file
a joint statement describing the results of the meet and confer.

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IT IS SO ORDERED.
DATED: Honolulu, February 6, 2020.

/s/ Susan Oki Mollway
Susan Oki Mollway
United States District Judge

Spirit of Aloha Temple, et al. v. County of Maui, Civ. No. 14-00535 SOM/WRP;
ORDER RE BILL OF COSTS

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