Opinion
NO. CIV. S-13-0040 LKK/DAD
02-28-2013
LAW SCHOOL ADMISSION COUNCIL, INC., Plaintiff, v. THE STATE OF CALIFORNIA; EDMUND G. BROWN, JR., in his official capacity as Governor of the State of California; KAMALA HARRIS, in her official capacity as Attorney General of the State of California; and TOM TORLAKSON, in his official capacity as Superintendent of Public Instruction and Director of Education for the State of California, Defendants.
ORDER
The court is in receipt of the Defendant State of California's filed bill of costs in the above-captioned matter, ECF No. 6, as well as Plaintiff Law School Admission Council, Inc.'s filed objections to the bill of costs, ECF No. 7.
Defendants seek $523.23 for the costs of filing, serving, and copying their notice of removal of this case from the Sacramento County Superior Court, as well as attendant costs for postage and mileage. See Defs' Bill of Costs, ECF No. 6.
According to Federal Rule of Civil Procedure 54, "[u]nless a federal statute, these rules, or a court order provides otherwise, costs--other than attorney's fees--should be allowed to the prevailing party." Fed.R.Civ.P. 54(d)(1).
On January 9, 2013, Plaintiff Law School Admission Council, Inc., voluntarily dismissed this action, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), before any answer or motion for summary judgment on the part of the Defendants' was filed or served. Pl's Not., ECF No. 5.
This type of voluntary dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(1), "leaves the parties as though no action had been brought." Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Because, here, the parties are left as though no action had been brought, neither party has prevailed in the action. Defendants are, therefore, not entitled to the costs typically awarded to a prevailing party under Federal Rule of Civil Procedure 54.
Defendants' bill of costs, ECF No. 6, is DENIED in its entirety.
IT IS SO ORDERED.
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LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT