Phoenix Technologies Ltd. v. VMware, Inc.

Northern District of California, cand-4:2015-cv-01414

ORDER DIRECTING TAXATION OF COSTS Re Docket No. {{503}}. Signed by Judge Haywood S. Gilliam, Jr. on 10/29/2018.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PHOENIX TECHNOLOGIES LTD., Case No. 15-cv-01414-HSG 8 Plaintiff, FINAL ORDER DIRECTING TAXATION OF COSTS 9 v. Re: Dkt. No. 503 10 VMWARE, INC., 11 Defendant. 12 On September 30, 2018 the Court granted in part and denied in part Defendant VMWare, Northern District of California United States District Court 13 Inc.'s motion for review of the Clerk's taxation of costs. See Dkt. No. 503 ("Order"). The Court 14 directed Defendant to file an accounting and documentation of the costs of the trial transcripts, 15 which it did on October 3, see Dkt. No. 504 ("Accounting"). 16 In its Accounting, Defendant sought $6,486.81 in costs for daily transcripts. Accounting ¶ 17 6. Defendant calculated that total by multiplying its cost per page for daily transcripts ($3.63) by 18 the total number of transcript pages for which it was charged (1,787 pages). Id. ¶¶ 3–6. The Court 19 finds this to be a reasonable and fair estimate of the cost of transcripts for trial. As previously 20 ordered, the Court will also award $262.65 for the cost of the summary judgment transcript. See 21 Order at 6. In total, the Court awards an additional $6,749.46 in costs for transcripts. 22 Having made its final determinations in this matter, the Court now directs the Clerk to tax 23 costs as follows: 24 // 25 // 26 // 27 // 28 Category Amount Allowed Modification by Final Taxation 1 by Clerk the Court's Order 2 Service of Process $0 $0 $0 Reporters' Transcripts $136.80 +$6,749.46 $6,886.26 3 Deposition Transcripts & $39,383.79 +$932.15 $40,315.94 Video Recordings 4 Deposition Exhibits $3,790.50 $0 $3,790.50 5 Notary & Reporter $0 $0 $0 Attendance Fees 6 Disclosure & Formal $96,162.66 ($77,063.06) $19,099.60 Discovery Documents 7 Visual Aids $45,273.54 +$13,734.00 $59,007.54 Witness Fees & Expenses $1,754.15 $0 $1,754.15 8 Interpreters $1,125.00 $0 $1,125.00 9 TOTAL $187,626.44 ($55,647.45) $131,978.99 10 11 IT IS SO ORDERED. 12 Dated: 10/29/2018 Northern District of California United States District Court 13 ______________________________________ HAYWOOD S. GILLIAM, JR. 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2