Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Queensridge Towers LLC v. Allianz Global Risks U.S. Insurance Co.

United States District Court, District of Nevada

March 26, 2015

QUEENSRIDGE TOWERS LLC, Plaintiffs,
v.
ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, Defendants.

ORDER

James C. Mahan, U.S. District Judge

Presently before the court is defendant Allianz Global Risks U.S. Insurance Company’s (hereinafter “defendant”) motion to strike plaintiff’s objections to reply in support of bill of costs. (Doc. # 69). Plaintiff Queensridge Towers LLC (hereinafter “plaintiff”) filed a response, (doc. # 100), and defendant filed a reply, (doc. # 101).

I. Background

Plaintiff developed and owns a luxury condominium development in Las Vegas, Nevada. Plaintiff contracted with defendant for builder’s risk insurance coverage. During the policy period, plaintiff’s general contractor discovered scratches on glass windows installed at the property. Defendant hired an expert to investigate the claim, and eventually denied it on the grounds that the damage was excluded under the policy. (Doc. # 1).

On January 7, 2013, plaintiff brought a complaint against defendant in state court alleging claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and violations of the Nevada Unfair Claims Practices Act. On February 6, 2013, defendant removed the case to this court on diversity grounds. (Doc. # 1).

The parties then filed cross-motions for summary judgment. (Docs. # 68, 69). On December 24, 2014, the court granted summary judgment in favor of defendant. (Doc. # 89). On January 6, 2015, defendant filed its bill of costs. (Doc. # 91). On January 20, 2015, plaintiff filed a timely objection. (Doc. # 92). Defendant then filed a reply, (doc. # 97), and plaintiff filed additional objections, (doc. # 98).

Defendant then filed the instant motion to strike plaintiff’s second set of objections.

II. Legal Standard

i. Motion to strike

Federal Rule of Civil Procedure 12(f) provides that “[t]he court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed.R.Civ.P. 12(f). Additionally, district courts have inherent power to control their own dockets, including the power to strike items from the docket. Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010).

ii. Bill of costs

Federal Rule of Civil Procedure 54(d)(1) states that “costs – other than attorney’s fees – should be allowed to the prevailing party.” Fed.R.Civ.P. 54(d)(1). “Rule 54(d) creates a presumption for awarding costs to prevailing parties; the losing party must show why costs should not be awarded.” Save Our Valley v. Sound Transit, 335 F.3d 932, 944-45 (9th Cir. 2003). However, “[t]he party seeking costs bears the burden of proving the amount of compensable costs.” Slaughter v. Uponor, Inc., No. 2:08-cv-01223-RCJ-GWF, 2010 WL 3781800, at *2 (D. Nev. Sept. 20, 2010).

“A prevailing party who claims such costs shall serve and file a bill of costs and disbursements on the form provided by the Clerk no later than fourteen (14) days after the date of entry of the judgment or decree.” LR 54-1(a). Local Rule 54-1(c) provides that “[t]he Clerk shall tax the costs not later than fourteen (14) days after the filing of objections or when the time within which such objections may be filed has passed.” LR 54-1(c). . . . . . .

“Any objections to a bill of costs shall be filed and served no later than fourteen (14) days after service of the bill of costs.” LR 54-13. “If an objection to a cost bill is filed, the cost bill shall be treated as a motion and the objection shall be treated as a response thereto.” LR 54-13(b)(3). “A party may obtain review of the Clerk’s taxation of costs ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.