TROY L. NUNLEY, District Judge.
This matter is before the Court on Plaintiff's objections to Defendant's Bill of Costs. (
This case proceeded to trial on June 02, 2014. At the close of Plaintiff's evidence, Defendant moved for Judgment as a Matter of Law pursuant to Federal Rules of Civil Procedure 50 and 52. (ECF 191.) On June 13, 2014, the Court granted Defendant's motion (ECF 195) and judgment was entered in favor of Defendant (ECF 196). Plaintiff filed a Notice of Appeal on July 10, 2014. (ECF 206.) Defendant filed its bill of costs on July 9, 2014. (ECF 204.)
Plaintiff objects to the $1,627.47 in witness fees for David Dillman, and the $1,075.20 in witness fees for Tim Padden. Plaintiff objects on the grounds that she informed her attorney that she "did not wish to incur costs in flying in these two witnesses. ..." (ECF 210 at 2:20-21.) In her objections, Plaintiff also requests that the "bill be held in abeyance until [Plaintiff has] exhausted [her] appeal rights." (
The Federal Rules of Civil Procedure provide that costs should be allowed to the prevailing party. FED. R. CIV. P. 54(d)(1);
Here, the Court finds that Plaintiff has not met her burden of demonstrating that costs should not be awarded for Dillman and Padden. Plaintiff's statement that she did want to incur costs for these witnesses is insufficient to overcome the presumption in favor of awarding costs. Indeed, both Dillman and Padden were listed as witnesses on Plaintiff's witness list. There is no dispute that Dillman and Padden traveled to Sacramento for the start of trial. Plaintiff cites no authority for her contention that costs should not be awarded for Dillman and Padden. Based on the foregoing, Plaintiff's objections are OVERRULED.
Plaintiff requests that the bill of costs "be held in abeyance" pending resolution of Plaintiff's appeal, but provides no authority or justification for such a stay. (ECF 210.) In determining whether to issue a stay pending appeal, courts consider "(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceedings; and (4) where the public interest lies."
Here, the Court finds that Plaintiff has not provided sufficient justification for staying costs pending appeal. Indeed, Plaintiff has not provided any justification, much less legal authority, for her request.
Plaintiff's request is denied simply because she has failed to offer any justification for a stay of costs. Moreover, the Court finds little merit in Plaintiff's appeal. Indeed, in granting Defendant's Motion for Judgment as a Matter of Law, the Court found that Plaintiff did not present "a legally sufficient evidentiary basis" such that a reasonable jury could have found for Plaintiff. FED. R. CIV. P. 50. The Court therefore DENIES Plaintiff's request to stay costs pending appeal.
It is hereby ORDERED that Plaintiff's objections to Defendant's Bill of Costs are OVERRULED and Plaintiff's request for a stay of costs pending appeal is DENIED.