Wedi Corp. v. Wright et al

Filing 328

MINUTE ORDER REVISING TAXATION OF COSTS. Authorized by Judge Thomas S. Zilly. (MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WEDI CORP.,
Plaintiff,

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C15-671 TSZ

v.
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BRIAN WRIGHT; HYDRO-BLOK
USA LLC; and HYDROBLOK
INTERNATIONAL LTD.,

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SOUND PRODUCT SALES L.L.C.,
Counterclaimant,
v.
WEDI CORP.,
Counter-Defendant.

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MINUTE ORDER REVISING
TAXATION OF COSTS

Defendants.

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(consolidated with C15-615 TSZ)

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
Upon further consideration, the Court sua sponte revises the Minute Order
18 and Taxation of Costs entered April 10, 2020, docket no. 327, as follows (changes are in
red and underlined):
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Requested

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Disallowed

Allowed

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Filing Fee

$400.00

$400.00

$0.00

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Service of Subpoena on
Emser Tile

$365.00

$365.00

$0.00

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MINUTE ORDER REVISING TAXATION OF COSTS - 1

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Requested

Disallowed

Allowed

$348.95

$334.55

$14.40

Transcripts of Depositions

$8,115.00

$5,680.50

$2,434.50

Synchronized Video Recording
of Depositions

$5,031.25

withdrawn

$0.00

Printing Costs

$647.15

$647.15

$0.00

Shipping Costs

$199.29

$133.73

$65.56

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Messenger Fees

$68.00

$44.00

$24.00

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Certified Translation Fees

$968.00

withdrawn

$0.00

$16,142.64

$15,227.18

$2,538.46

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Transcripts of Hearings

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TOTAL

11 The filing fee is disallowed because it does not relate to any claim asserted by Brian
Wright, Sound Product Sales L.L.C., Hydro-Blok USA LLC, and/or Hydroblok
12 International Ltd. (collectively, “the Wright Defendants”) on which they prevailed. The
subpoena service fees are disallowed because the Wright Defendants provided no
13 explanation for such costs. The telephonic hearings held on July 14, 2015, and
October 25, 2019, did not concern wedi’s Lanham Act, Consumer Protection Act
14 (“CPA”), or abuse of process claims, on which partial judgment was entered in favor of
the Wright Defendants, and thus, the transcript fees associated with those hearings are
15 disallowed, but the Wright Defendants may recover the cost of the transcript of the
telephone conference conducted on December 5, 2019, which was “necessarily obtained”
16 to respond to wedi’s subsequent motion to amend judgment. See 28 U.S.C. § 1920(2).
The Wright Defendants are awarded 30% of the requested deposition transcript expenses,
17 which represents the approximate proportion that wedi’s Lanham Act, CPA, and abuse of
process claims bore to all of its claims. The Wright Defendants have failed to provide
18 any other basis for allocating the costs relating to deposition transcripts. All of the
printing costs were incurred after the Lanham Act, CPA, and abuse of process claims had
19 been dismissed, and most of the shipping expenses correspond to the period during which
the parties were arbitrating non-Lanham Act/CPA/abuse-of-process matters. With regard
20 to the $41.12 charge for sending materials via Federal Express to Robert Half Legal, a
staffing agency, the Wright Defendants have offered no basis for seeking such amount.
21 Messenger fees for the time between October 11, 2018, when the Wright Defendants
filed their motion for summary judgment seeking to dismiss inter alia the Lanham Act
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MINUTE ORDER REVISING TAXATION OF COSTS - 2

1 claim, and September 19, 2019, when wedi’s motion for reconsideration of the Court’s
ruling dismissing such claim was denied, have been allowed.
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(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 13th day of April, 2020.
William M. McCool
Clerk
s/Karen Dews
Deputy Clerk

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MINUTE ORDER REVISING TAXATION OF COSTS - 3