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Guy v. City of San Diego

August 5, 2008

ANTHONY GUY, PLAINTIFF,
v.
CITY OF SAN DIEGO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Jeffrey T. Miller, United States District Judge

ORDER GRANTING MOTION TO RETAX COSTS

Plaintiff moves to retax costs pursuant to Local Rule 54.1(h). Defendants oppose the motion. For the reasons set forth below, the court retaxes costs in favor of Plaintiff and against Defendants in the amount of $9,308.34.

On February 19, 2008 the jury returned a verdict acquitting all Defendants except defendant Officer David Maley. The jury originally awarded Plaintiff zero dollars but, following a supplemental jury instruction, the jury returned a supplemental special verdict awarding Plaintiff one dollar in nominal damages. On May 12, 2008 the court denied Plaintiff's for new trial and denied Plaintiff's motion for attorney's fees and non-taxable costs. The order denying the motion for attorney's fees and non-taxable costs created confusion concerning Plaintiff's taxable costs because the motion for non-taxable costs also included a request for taxable costs. The Clerk then inadvertently construed the order as a denial of taxable costs as well as non-taxable costs.

Plaintiff, as the prevailing party, is entitled to an award of taxable costs. Farrar v. Hobby, 506 U.S. 103 (1992): L.R. 54.1. The court grants in part and denies in part Plaintiff's request for taxable costs:

* Fees for Exemplification and Copies of Papers - All requested fees are granted except for the request in the amount of $1,030.95 for "In-house copies for trial and expert review". This amount is denied pursuant to LR 54.1(b)(6)(c).

* In "Other Costs" plaintiff seeks $6,250.00 for expert fees.

Pursuant to LR54.1(b)(4)(d) these costs are denied. Courier Delivery/Filing Fees are not taxable costs pursuant to LR 54.1, the amount of $487.75 is denied.

* Pursuant to LR54.1(b)(4)(a) - witness fees are allowable in the amount of $40.00 per day.

* Subpoena preparation fees are not recoverable pursuant to LR 54.1.

* Rush fees on service of subpoenas/summons are not taxable pursuant to LR54.1.

* Bad address fees are not recoverable pursuant to LR 54.1.

* Witness Fee Advance charges are not recoverable pursuant to LR 54.1.

* Waiting Time is not a chargeable fee ...


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