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Fidelity and Guaranty Insurance Co. v. Reddy

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 5, 2008

FIDELITY AND GUARANTY INSURANCE COMPANY AND SEDGWICK CLAIMS MANAGEMENT SERVICES, PLAINTIFFS,
v.
GRETCHEN REDDY, DEFENDANT.

ORDER RE: COSTS

On June 12, 2008, after a bench trial, the court entered final judgment in favor of defendant. Defendant has submitted a cost bill totaling $1,103.75. Plaintiffs have not objected. The fact that plaintiffs subsequently filed an appeal of the court's underlying judgment has no bearing on the court's jurisdiction to consider this bill of costs. Odnil Music Ltd. v. Katharsis, LLC, No. 05-0545, 2006 U.S. Dist. LEXIS 68849, at *15 (E.D. Cal. Sept. 22, 2006); see also Kusay v. United States, 62 F.3d 192, 194 (7th Cir. 1995) (noting that a district court may still address ancillary matters, such as costs, while a case is pending appeal).

Rule 54(d)(1) of the Federal Rules of Civil Procedure and Local Rule 54-292(f) govern the taxation of costs to losing parties, subject to limits set under 28 U.S.C. § 1920. See 28 U.S.C. § 1920 (enumerating taxable costs); Fed. R. Civ. P. 54(d)(1) ("Unless a federal statute, these rules, or a court order provides otherwise, costs--other than attorneys' fees--should be allowed to the prevailing party."); L.R. 54-292(f); Crawford Fitting Co. v. J.T. Gibbons Inc., 482 U.S. 437, 441 (1987) (limiting taxable costs to those enumerated in 28 U.S.C. § 1920). The district court has discretion to determine what constitutes a taxable cost within the meaning of 28 U.S.C. § 1920. Alflex Corp. v. Underwriters Lab., Inc., 914 F.2d 175, 177 (9th Cir. 1990). The losing party has the burden of overcoming the presumption in favor of awarding costs to the prevailing party. Russian River Watershed Prot. Comm. v. City of Santa Rosa, 142 F.3d 1136, 1144 (9th Cir. 1998).

After reviewing the bill, the court finds $1,103.75 for reporter fees and witness fees to be reasonable. Accordingly, the cost of $1,103.75 will be allowed.

IT IS SO ORDERED.

20080805

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