Hesterberg

Hesterberg v. United States

Good Law
75 F. Supp. 3d 1220·2014 WL 7184246·2014 U.S. Dist. LEXIS 173677
United States District Court, Northern District of CaliforniaDecember 16, 2014Case No. 13-cv-01265-JSCCalifornia3,287 words

Opinion

Lead Opinion

Corley, J.

ORDER RE: PLAINTIFF’S MOTION FOR REVIEW OF CLERK’S TAXATION OF COSTS

Re: Dkt. No. 128

In this Federal Tort Claims Act action, Plaintiff Gary Hesterberg prevailed at trial on his claims challenging a federal agent’s use of a TASER on him while he fled following a nonviolent misdemeanor. Now before the Court is Plaintiffs motion to review the Clerk’s taxation of prevailing party costs against Defendant United States of America. Pursuant to Civil Local Rule 7 — 1(b), the Court finds this matter appropriate for resolution without oral argument, and VACATES the hearing previously scheduled for December 18, 2014. For the reasons discussed below, the Court GRANTS review of the Clerk’s taxation of costs and REVISES the Bill of Costs consistent with this Order.

DISCUSSION

Following a bench trial verdict in Plaintiffs favor, the Court entered judgment for Plaintiff on October 9, 2014. (Dkt. No. 124.) Plaintiff timely filed and served his bill of costs on Defendant, along with the required supporting affidavit. See Civ. L.R. 54-l(a) (providing that no later than 14 days after entry of judgment, a prevailing party claiming taxable costs must file and serve a bill of costs, along with a…

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