Deep9 Corporation v Barnes & Noble Inc, et al

Filing 284

ORDER on dfts' 278 Motion for costs by Judge James L. Robart.(RS)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 DEEP9 CORPORATION, Plaintiff, 11 BARNES & NOBLE, INC., et al., Defendants. 14 15 ORDER ON DEFENDANTS’ MOTION FOR COSTS v. 12 13 CASE NO. C11-0035JLR Before the court is Defendants’ motion for costs (Dkt. # 278). The court has 16 considered the motion, all submissions filed in support and opposition thereto, the 17 applicable law, and the balance of the record. For the reasons stated below, the court 18 GRANTS in part and DENIES in part the motion and awards Defendants a total of 19 $40,503.01 in costs against Plaintiff. 20 On September 21, 2012, the court granted Defendants’ motion for summary 21 judgment and entered judgment in favor of Defendants. (Dkt. ## 276, 277.) Pursuant to 22 Federal Rule of Civil Procedure 54(d)(1), Defendants, as the prevailing parties, are ORDER- 1 1 entitled to an award of costs. Fed. R. Civ. P. 54(d)(1) (“Unless a federal statute, these 2 rules, or a court order provides otherwise, costs—other than attorney’s fees—should be 3 allowed to the prevailing party.”). Although Plaintiff asserts that it is within the 4 discretion of the court to defer its ruling on Defendants’ motion for costs while an appeal 5 is pending, 1 costs are ordinarily taxed upon entry of judgment. See Fed. R. Civ. P. 54. 6 The court finds no reason to defer its ruling here. Accordingly, the court orders the 7 following with regard to the costs Defendants have requested: 8 1. Deposition Transcripts: The court awards $28,070.85 for the cost of 9 deposition transcripts necessarily obtained for use in this case, see 28 U.S.C. § 10 1920(2); 11 2. Photocopying costs: The court awards $12,432.16 in photocopying costs, but 12 declines to award $4,500.00 for professional graphics support with regard to 13 exhibits Defendants used at the summary judgment hearing; and 14 3. Electronic Transcript: The court declines to award $268.25 for an electronic 15 transcript of the summary judgment hearing. 16 Pursuant to the foregoing, the court GRANTS in part and DENIES in part 17 // 18 // 19 // 20 21 1 See, e.g., Fed. R. Civ. P. 54 Notes of Advisory Committee on Rules – 1993 (“If an appeal on the merits of the case is taken, the court may rule on the claim for fees, may defer its 22 ruling on the motion, or may deny the motion without prejudice.”) ORDER- 2 1 Defendants’ motion for costs (Dkt. # 278). The court further ORDERS that Defendants 2 are awarded costs in the total amount of $40,503.01 against Plaintiff. 3 Dated this 28th day of December, 2012. 4 6 A 7 JAMES L. ROBART United States District Judge 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER- 3

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?