Grewal v. Cuneo et al

Filing 312

ORDER: Accordingly, no later than May 15, 2020, Defendant shall re-file its Bill of Costs in accordance with the Local Rules and the guidelines detailed on the docket. Thereafter, Plaintiff may file her objections. Plaintiff is advised that all c ommunications with the Court must be sent to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, New York 10007, and may not be sent via email to this Court. However, in light of the COVID-19 crisis, parties proceeding pro se a re also encouraged to submit all filings by email to [e-mail]. Defendant shall serve a copy of this Order on Plaintiff and file proof of service on the docket. (Signed by Judge Ronnie Abrams on 5/7/2020) (rj)

Case 1:13-cv-06836-RA-HBP Document 312 Filed 05/07/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PREETPAL GREWAL,

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 5-7-20

Plaintiff,
13-CV-6836 (RA)
v.
ORDER
CUNEO GILBERT & LADUCA LLP,
Defendant.

RONNIE ABRAMS, United States District Judge:
On April 8, 2020, the Second Circuit affirmed this Court’s judgment, see Dkt. 310, and on
April 23, 2020, Defendant timely filed a Bill of Costs, see Dkt. 311. The Court is now in receipt
of an email from Plaintiff, who is proceeding pro se, indicating that the Bill of Costs contains a
“filing error,” and––construed liberally––requesting to submit objections.
Under Federal Rule of Civil Procedure 54(d), “costs . . . should be allowed to the prevailing
party” unless “a federal statute, [the Federal Rules], or a court provides otherwise,” and the “clerk
may tax costs on 14 days’ notice.” Local Rule 54.1(a) provides that within 30 days after the entry
of final judgment or, in the case of an appeal by any party, within 30 days after the final disposition
of the appeal, “any party seeking to recover costs shall file with the Clerk a notice of taxation of
costs by Electronic Case Filing . . . indicating the date and time of taxation which shall comply
with the notice period prescribed by Fed. R. Civ. P. 54, and annexing a bill of costs.” The Bill of
Costs must include “an affidavit that the costs claimed are allowable by law, are correctly stated
and were necessarily incurred,” and the “[b]ills for the costs claimed” must be attached as exhibits.
Local Rule 54.1(b) provides further that a party objecting to any cost item contained in an
adversary’s Bill of Costs shall serve objections by Electronic Case Filing, or in writing if a pro se

Case 1:13-cv-06836-RA-HBP Document 312 Filed 05/07/20 Page 2 of 2

party is objecting, prior to the date and time scheduled for taxation, and that “[i]n the absence of
written objection, any item listed may be taxed within the discretion of the Clerk.”
Although Defendant filed its Bill of Costs and attached the “bills for the costs claimed” as
exhibits on April 23, 2020, it appears that Defendant has not filed the requisite affidavit.
Additionally, according to the docket, the Bill of Costs was incorrectly filed because Defendant
has not prepared a Notice of Application for Costs. For purposes of Plaintiff’s objections, the
“date and time scheduled for taxation” is also not entirely clear from Defendant’s submission.
Accordingly, no later than May 15, 2020, Defendant shall re-file its Bill of Costs in accordance
with the Local Rules and the guidelines detailed on the docket. Thereafter, Plaintiff may file her
objections.
Plaintiff is advised that all communications with the Court must be sent to the Pro Se Intake
Unit located at 500 Pearl Street, Room 200, New York, New York 10007, and may not be sent via
email to this Court. However, in light of the COVID-19 crisis, parties proceeding pro se are also
encouraged to submit all filings by email to [e-mail].
Defendant shall serve a copy of this Order on Plaintiff and file proof of service on the
docket.
SO ORDERED.
Dated:

May 7, 2020
New York, New York
RONNIE ABRAMS
United States District Judge

2