United States District Court, D. Nevada
JAMES C. MAHAN, District Judge.
Presently before the court is defendant Allianz Global Risks U.S. Insurance Company's (hereinafter "defendant") motion to retax costs. (Doc. # 105). Plaintiff Queensridge Towers LLC (hereinafter "plaintiff") filed a response, (doc. # 106), and defendant filed a reply, (doc. # 107).
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, seeking $263, 544.01 in costs. (Doc. # 91). On January 20, 2015, plaintiff filed a timely objection. (Doc. # 92). On January 27, 2015, defendant filed a reply, agreeing to withdraw $10, 919.28 in costs but still seeking $252, 624.73. (Doc. # 97).
On April 9, 2015, the clerk of court taxed costs against plaintiff in the amount of $39, 994.35. (Doc. # 103). On the same date, the clerk issued a memorandum regarding taxation of costs. (Doc. # 104).
Defendant then filed the instant motion.
II. Legal Standard
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." D. Nev. R. 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." D. Nev. R. 54-1(c).
"On motion served within the next 7 days, the court may review the clerk's action." Fed.R.Civ.P. 54(d)(1). Local Rule 54-14 specifies that a motion to retax under Rule 54(d) "shall be filed and served within seven (7) days after receipt of the notice [of the clerk's taxation of costs]." D. Nev. R. 54-14(a). "The motion shall be decided on the same papers and evidence submitted to the Clerk." D. Nev. R. 54-14(b).
Defendant takes issue with the clerk's assessment of costs with regard to a number of categories. (Doc. # 105). Defendant does not dispute the amount taxed for fees of the clerk, so the court will affirm the clerk's taxation as to that amount. The court will ...