Heath v. Tristar Products, Inc.

Filing 271

ORDER Granting 270 Motion for Attorney Fees. IT IS FURTHER ORDERED that Defendant Tristar be awarded costs in the amount of $400 consistent with the deputy clerk's taxation of costs. An amended judgment will follow. Signed by Judge Gloria M. Navarro on 4/8/2024. (Copies have been distributed pursuant to the NEF. CC: Finance.- RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TAWNDRA L. HEATH,

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This case arises from injuries that Plaintiff Tawndra L. Heath suffered after using a

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Plaintiff,

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vs.
TRISTAR PRODUCTS, INC., et al.,

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Defendants.

Case No.: 2:17-cv-02869-GMN-BNW
ORDER GRANTING MOTION FOR
COSTS

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pressure cooker manufactured by Defendant Zhongshan Jinguang Household Appliance

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Manufacture Co., Ltd. and sold and distributed by Defendant Tristar Products, Inc.1 Following

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a jury trial, the Court granted Defendants’ oral Motion for Judgment as a Matter of Law.

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(Order, ECF No. 231). Defendants then filed a Bill of Costs and Verified Memorandum in the

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amount of $85,536.34, which the clerk taxed in the amount of $400.00. (Bill of Costs, ECF No.

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233); (Clerk’s Mem. Taxation Costs 3:12, ECF No. 249). The Court, however, awarded

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Defendants costs in the amount of $85,536.34. (Order 12:24–25, ECF No. 258). Plaintiff

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timely appealed, and the Ninth Circuit vacated the award of costs and remanded for this Court

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to reconsider the award in light of the deputy clerk’s memorandum regarding taxation of costs.2

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(Mem. Dec. at 3–4, ECF No. 267). Now pending before the Court is Defendants’ renewed

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Motion for Costs on remand, (ECF No. 270), which requests that Defendant Tristar be awarded

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costs consistent with the clerk’s taxation of costs under Federal Rule of Civil Procedure

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The Court detailed the factual background of this case in its prior Order, (ECF No. 258), and incorporates that
background herein.
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Plaintiff also appealed this Court’s denial of her motions for judgment as a matter of law and for a new trial.
The Ninth Circuit affirmed the Court’s decisions on these matters. (Mem. Dec., ECF No. 267).

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54(d)(1). The Court GRANTS Defendants’ Motion for Costs and amends the award of costs to

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reflect the deputy clerk’s taxation of costs.

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IT IS HEREBY ORDERED that Defendants’ Motion for Costs is GRANTED.

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IT IS FURTHER ORDERED that Defendant Tristar be awarded costs in the amount of

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$400 consistent with the deputy clerk’s taxation of costs. An amended judgment will follow.
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DATED this _____
day of April, 2024.

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____ ______ _______________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT

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