Opinion
Case No. 2:09-cv-371-RLH-LRL.
October 28, 2011
ORDER (Motion for Relief-#173)
Before the Court is Defendant Fireman's Fund's Motion for Relief from Order or, in the Alternative, Motion for Reconsideration of the Clerk's Memorandum Regarding Taxation of Costs (#173, filed September 6, 2011). The Court has also considered Plaintiff's Opposition (#174) and Fireman's Fund's Reply (#175).
The Motion will be denied for the following reasons:
The Motion is untimely. Local Rule 54.1(a) requires a prevailing party to serve and file a bill of costs no later than 14 days after entry of judgment. Having obtained summary judgment on June 7, 2010, Fireman's Fund is more than a year late.
While the Court finds that Fireman's Fund should be considered a prevailing party against Plaintiff, the Bill of Costs, together with the Memorandum in Support thereof, do not adhere to the Local Rules in that they do not "verif[y] and distinctly set forth each item so that its nature can be readily understood." Local Rule 54.1(b). For example, fees for an out-of-state attorney to appear are not recoverable. This item was not distinctly set forth for other costs that might be recoverable. The Court was just given a lump sum. Transcripts are not recoverable unless requested by the Court. The cost associated with one copy of a deposition is recoverable, but the claimed costs for depositions are not broken out either in the Bill of Costs or the Memorandum in support thereof. The costs for printing, reproduction and exemplification are not taxable unless ordered by the Court Local Rule 54-6. Costs for postage, messenger services and delivery fees are not taxable. Finally, a mediator's fees, particularly those which occurred after judgment, are not taxable.
IT IS THEREFORE ORDERED that Defendant Fireman's Fund's Motion for Relief from Order or, in the Alternative, Motion for Reconsideration of the Clerk's Memorandum Regarding Taxation of Costs (#173) is DENIED.