Brown v. Premier Chemicals, LLC

Filing 78

ORDERED that P's # 67 Motion to Strike Bill of Costs is DENIED and P is ordered to pay $4,273.24 as taxed by the Clerk. Signed by Judge Kent J. Dawson on 6/28/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GARRETT L. BROWN,

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Plaintiff,

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v.

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Case No. 3:08-CV-635-KJD-DWF

PREMIER CHEMICALS, LLC,

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ORDER

Defendant.

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Judgment in this matter was entered in favor of the Defendant on September 30, 2010 (#60).

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On October 14, 2010, Defendant filed a Bill of Costs (#61). Currently before the Court is Plaintiff’s

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Motion to Strike Bill of Costs (#67). Defendant responded (#69) and Plaintiff replied (#72). The

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Clerk considered Plaintiff’s Objection to the Bill of Costs (#66) and taxed costs against Plaintiff in

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the amount of $4,273.24 (#75). The Clerk entered a memorandum regarding the taxation of cost,

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indicating that he found support for all costs, except those requested for mileage (#76).

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After considering the motions and the response and reply thereto, the Court finds that the

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amount taxed by the Clerk is correct. Plaintiff acknowledges that he was incorrect in his assertion

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that the Bill of Costs was untimely filed. The Clerk has declined to tax costs for mileage. Defendant

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has adequately demonstrated through invoices and affidavits that the fees incurred for service of

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process were reasonable.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike Bill of Costs
(#67) is DENIED and Plaintiff is ordered to pay $4,273.24 as taxed by the Clerk.
DATED this 28th day of June 2011.

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_____________________________
Kent J. Dawson
United States District Judge

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