Margolin v. Bolden

Filing 73

ORDER RE: 64 Motion. IT IS HEREBY ORDERED that costs are taxed in the amount of $525.06 and included in the judgment. Signed by Judge Larry R. Hicks on 11/3/2011. (Copies have been distributed pursuant to the NEF - KO)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13
14

***
)
JED MARGOLIN,
)
)
Plaintiff,
)
)
v.
)
)
NATIONAL AERONAUTICS AND SPACE )
ADMINISTRATION,
)
)
Defendant.
)
)

3:09-CV-00421-LRH-VPC
ORDER

15

Before the court is Plaintiff Jed Margolin’s Motion for Costs (#641). In a prior order (#67),

16

the court determined that, pursuant to 5 U.S.C. § 552(a)(4)(E)(ii), Margolin substantially prevailed

17

to the extent that the filing of this action under the Freedom of Information Act prompted a

18

voluntary or unilateral change in position by NASA, and Margolin is therefore entitled to at least

19

some portion of costs incurred prior to November 5, 2009, when the agency made its supplemental

20

disclosures, but not thereafter. Finding Margolin’s itemization of costs insufficiently detailed,

21

however, the court deferred ruling on the motion for costs pending submission of an affidavit or

22

declaration itemizing litigation costs incurred prior to November 5, 2009. Accordingly, Margolin

23

submitted a supplemental declaration (#68), NASA responded (#69), and Marglin replied (#70).

24

Upon review of the parties submissions, the court sustains Defendant’s objections. The bill

25
26

1

Refers to the court’s docket entry number.

1
2
3

of costs is otherwise unopposed.
IT IS THEREFORE ORDERED that costs are taxed in the amount of $525.06 and included
in the judgment.

4

IT IS SO ORDERED.

5

DATED this 3rd day of November, 2011.

6
7
__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2