Aztec Abstract & Title Insurance, Inc. v. Commonwealth Land Title Insurance Co. et al
ORDER REFERRING MAXUM'S MOTION TO TAX COSTS TO CLERK OF THE COURT by District Judge Kenneth J. Gonzales. (tah)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AZTEC ABSTRACT & TITLE INSURANCE, INC.,
a New Mexico Corporation,
Civ. No. 16-103 KG/KBM
MAXUM SPECIALTY GROUP &
MAXUM INDEMNITY COMPANY,
ORDER REFERRING MAXUM’S MOTION TO TAX COSTS
TO CLERK OF THE COURT
This matter comes before the Court upon Maxum’s Motion to Tax Costs, filed on
February 12, 2018. (Doc. 43). Plaintiff did not respond to Maxum’s Motion to Tax Costs. The
Court notes that Defendants did not present their bill of costs to the Clerk of the Court, but
instead filed Maxum’s Motion to Tax Costs. A prevailing party, however, should first direct its
bill of costs to the Clerk of the Court. See In re Williams Securities Litigation-WCG Subclass,
558 F.3d 1144, 1146 (10th Cir. 2009) (noting that clerks tax costs in the first instance); Furr v.
AT & T Technologies, Inc., 824 F.2d 1537, 1550 n. 11 (10th Cir. 1987) (“As a procedural matter
. . . a bill of costs is initially filed with the clerk rather than with the court.”) (citation omitted);
Fed. R. Civ. P. 54(d)(1) (“The clerk may tax costs on 14 days’ notice.”).
If a party is dissatisfied with the Clerk of the Court’s disposition of a costs award, that
party may appeal the decision “[o]n motion served within the next 7 days,” Rule 54(d)(1), and
have the Court review de novo the Clerk of the Court’s actions, Furr, 824 F.2d at 1550 n. 11.
Because the Clerk of the Court should make the initial decision on a bill of costs, with the Court
exercising judicial review over any objections, the Court will refer Maxum’s Motion to Tax
Costs to the Clerk of the Court.
IT IS ORDERED that Maxum’s Motion to Tax Costs (Doc. 43) is referred to the
Clerk of the Court.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?