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Raymond Ray v. Wells Fargo Bank Na

June 20, 2012

RAYMOND RAY
v.
WELLS FARGO BANK NA



The opinion of the court was delivered by: Honorable A. Howard Matz, U.S. District Judge

O

CIVIL MINUTES - GENERAL

Present: The Honorable A. HOWARD MATZ, U.S. DISTRICT JUDGE

Stephen Montes Not Reported

Deputy Clerk Court Reporter / Recorder Tape No. Attorneys NOT Present for Plaintiffs: Attorneys NOT Present for Defendants:

Proceedings: IN CHAMBERS (No Proceedings Held)

Defendant Wells Fargo Bank NA has applied for costs against Plaintiff Raymond *fn1 following the Court's grant of Defendant's motion for judgment on the pleadings. For the following reasons, the Court GRANTS Defendant's Application.

BACKGROUND

Plaintiff Raymond Ray worked as a Branch Manager for Defendant. His lawsuit on behalf of a putative class of Bank Managers asserted claims that the Bank Managers were denied overtime compensation and were deprived of their mandatory meal periods and rest breaks, in violation of California law. On February 17, 2011, Defendant removed the case to federal court pursuant to the Class Action Fairness Act, 28 U.S.C. §§ 1332(d), 1453, 1711--15.

On March 15, 2012, the Court granted Defendant's motion for judgment on the pleadings based on Plaintiff's lack of standing to pursue the case. (Dkt. 54.) Defendant now seeks to recover $7,085.45 in costs from Plaintiff. Plaintiff does not contest the amount of costs claimed by Defendant. Instead, Plaintiff contests whether Defendant is entitled to costs at all.

LEGAL STANDARD

A. Federal Law

Rule 54 is the federal prevailing party statute. The rule states that "[u]nless a federal statute, [the Federal Rules], or a court order provides otherwise, costs . . . should be allowed to the prevailing party." Fed. R. Civ. P. 54(d)(1). "Rule 54(d)(1) creates a presumption in favor of awarding costs to a prevailing party . . . ." Champion Produce, Inc. v. Ruby Robinson Co., 342 ...


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