Opinion
19-2690-SAC
12-07-2021
TONY B. ROSS, Plaintiff, v. PENTAIR FLOW TECHNOLOGIES, INC., Defendant.
MEMORANDUM AND ORDER
Sam A. Crow, U.S. District Senior Judge
The district court granted summary judgment for the defendant in this employment discrimination case on September 10, 2021. ECF# 56. Judgment was entered the same day. ECF# 57. The plaintiff did not appeal. The defendant filed its bill of costs with a supporting memorandum on November 11, 2021. ECF## 58 and 59. The court understands that the deputy clerk informed the parties that the taxation of costs would be filed December 7, 2021. The plaintiff filed on December 6, 2021, a motion to strike the bill of costs arguing that it was due on November 10, 2021, pursuant to D. Kan. Rule 54.1(a)(1)(A). ECF# 60. “The failure of a prevailing party to timely file a bill of costs constitutes a waiver of taxable costs.” D. Kan. Rule 54.1(a)(3).
The defendant's bill of costs and supporting memorandum were not untimely filed. The 30-day period for filing an appeal pursuant to Fed. R. App. P. 4(a)(1)(A) expired not on October 10, 2021, but on October 11, 2021, because October 10th is a Sunday. See Fed. R. App. P. 26(a)(1)(C). Thus, the defendant timely filed its bill of costs and memorandum “within 30 days after . . . the expiration of time allowed for appeal.” D. Kan. Rule 54.1(a)(1)(A).
IT IS THEREFORE ORDERED that the plaintiff's motion to strike the defendant's bill of costs (ECF# 60) is denied.