Opinion
3:18-cv-01695-YY
12-17-2021
JACK ROY, an individual, Plaintiff, v. LABORERS' LOCAL 737, a domestic nonprofit mutual benefit corporation; ZACKARY CULVER, an individual, Defendants.
FINDINGS AND RECOMMENDATION
Youlee Yim You United States Magistrate Judge
FINDINGS
On February 22, 2021, defendants submitted an Amended Bill of Costs (ECF 63), seeking $2,451.16 for deposition transcript costs. In his Opposition to Defendants' Cost Bill (ECF 65), plaintiff did not oppose the amount or nature of those costs, but asked for deferral of the award until the case was resolved on appeal, and the court granted that request. ECF 72.
In his opposition, plaintiff objected to videographer and pro hac vice costs. Opp. 3-4, ECF 65. However, while these costs were included in the original Bill of Costs (ECF 62), they were not included in the Amended Bill of Costs (ECF 63). At the hearing on the cost bill, plaintiff's counsel conceded this fact.
The Ninth Circuit has now ruled in defendants' favor. Roy v. Laborer's Local 727, No. 21-35103 (9th Cir. Dec. 16, 2021) (mem.). Accordingly, defendants should be awarded the costs requested in their Amended Bill of Costs.
RECOMMENDATIONS
Defendants should be awarded $2,451.15 in costs pursuant to their Amended Cost Bill (ECF 63).
SCHEDULING ORDER
These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Friday, January 7, 2022. If no objections are filed, then the Findings and Recommendations will go under advisement on that date.
If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement.
NOTICE
These Findings and Recommendations are not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any Notice of Appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of a judgment.