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Jones v. City of Orange Cove

November 23, 2010

SUE JONES, PLAINTIFF,
v.
CITY OF ORANGE COVE, DEFENDANT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISCHARGING ORDER TO SHOW CAUSE (Document 54)

After a ruling granting defendant's cross motion for summary judgment/adjudication, a judgment was entered in favor of defendant and against plaintiff. On June 18, 2010, defendant submitted a Bill of Costs. On June 28, 2010, plaintiff filed objections to the Bill of Costs. The matter was heard on November 19, 2010, before the Honorable Dennis L. Beck, United States Magistrate Judge. Hadi Ty Kharazi appeared on behalf of plaintiff, Sue Jones ("Plaintiff"). James F. McBrearty appeared on behalf of defendant, City of Orange Cove ("Defendant").

Background

Pursuant to the bill of costs, Defendant is seeking $693.35 in costs in two (2) categories:

(1) fees of the clerk; and (2) fees for printed or electronically recorded transcripts. The amount requested for each category is as follows:

For fees to the Clerk of Court - $350.00. For transcript fees - $343.35.

Doc. 53 (Bill of Costs).

Discussion

Fed. R. Civ. P. 54(d)(1) states:

Unless a federal statute, these rules, or a court order provides otherwise, costs--other than attorney's fees--should be allowed to the prevailing party. . . The clerk may tax costs on 14 days' notice. On motion served within the next 7 days, the court may review the clerk's action.

Fed. R. Civ. P. 54(d)(1). Here, no action was taken on the bill of costs or objections. As such, the Court set a hearingto address Plaintiff's objectionsto costs.

The types of costs that may be awarded under Rule 54(d) are limited to those enumerated in 28 U.S.C. §1920. In pertinent part, 28 U.S.C. §1920 states:

A judge or clerk of any court of the United States may tax as ...


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