Court of Appeals Rules That Timeliness Measures From Date of Docket Entry.
A U.S. District Court, N.D. California local rule requires that prevailing parties file their routine cost bill 14 days after entry of a judgment or an order. So, the question arises—does that means (A) when the decision is issued, or (B) the date it is docketed? If any of you readers answered “B,” you are right and get to go to the next round (only kidding).
In Huppert v. City of Pittsburg, Case No. 06-17362 (9th Cir. July 21, 2009) (for publication), the district judge awarded routine costs to the defense and against a plaintiff losing a summary judgment in a civil rights case. Plaintiff claimed that the defense violated the local rule by untimely filing the costs bill. Although Justice Fletcher dissented on the merits, the Ninth Circuit majority affirmed the award of costs to the defense.
Initially, the federal circuit court observed that cost bill issues are reviewed for clear error under an abuse of discretion standard. (Idaho Potato Comm’n v. G & T Terminal Packaging, Inc., 425 F.3d 708, 723 (9th Cir. 2005).) Applying this standard, the Ninth Circuit majority found that the cost bill was timely filed. Even though the summary judgment decision was issued outside the 14-day deadline, the final order was docketed within the timely filing deadline. Result: affirmed.