M. CASEY RODGERS, District Judge.
Pending before the court are several motions of would-be intervenor Christian
The facts of this case are fully set forth in prior orders and the court therefore recites only those facts necessary to resolve the pending motions. In May 2009, the court entered final judgment in this case adopting a jointly proposed consent decree and resolving admitted Establishment Clause violations within the Santa Rosa County School District. (Doc. 94.) The consent decree expressly provides, among other things, that it is for the benefit of students, present and future, for at least a period of five years, and that the parties would not take any action to disclose the identities of the named plaintiffs, including the release of filed or unfiled court documents, or otherwise compromise their anonymity during the five-year period.
Following entry of the final consent decree, CEAI moved to intervene as a defendant, and after being instructed to file a responsive pleading, CEAI set forth affirmative defenses articulating an express purpose to vacate or set aside the entire consent decree or alternatively to modify the consent decree. (See Docs. 127, 146, 178.) The court granted plaintiff's motion to strike most of CEAI's defenses because of CEAI's stated purpose of seeking to undo the consent decree in its entirety; the court determined that CEAI lacked standing to intervene for that purpose. CEAI was then given the opportunity through an evidentiary hearing to attempt to establish its standing to intervene for the purpose of modifying the consent decree on grounds that modification was necessary to avoid an infringement of CEAI's members' constitutional rights. Following the hearing, the court denied the motion to intervene, finding CEAI lacked associational standing and that the motion was untimely.
The plaintiffs thereafter filed a bill of costs reflecting costs incurred in the postjudgment intervention proceedings (doc. 239), to which CEAI filed objections (doc. 243, 252), arguing, in part, that the case is moot and therefore it was not reasonable for plaintiffs to incur any costs in resisting the motion to intervene.
A prevailing party is entitled to costs, which are taxed by the clerk and subject to review by the court on motion. Fed.R.Civ.P. 54(d)(1). The rule provides for costs as a matter of course and "does not envision a discovery process as part of a request for review of taxation of costs." Ritchie v. United States, 2007 WL 2318970, at *3 (N.D.Cal.2007), aff'd, 343 Fed. Appx. 238 (9th Cir.2009) (unpublished), cert. denied, ___ U.S. ___, 130 S.Ct. 1092, ___ L.Ed.2d ____ (2010). By analogy to cases discussing a request for attorney's fees, it is clear that a request for costs "should not result in a second major litigation," and courts rarely reopen discovery for this purpose. Menchise v. Akerman Senterfitt, 532 F.3d 1146, 1153 (11th Cir.2008) (discussing discovery in the context of a request for attorney's fees). One court, however, has noted that permitting discovery in order to challenge a bill of costs, while unusual, "may be justified in extraordinary circumstances."
CEAI maintains discovery is justified because mootness and the plaintiffs' constitutional standing are at issue due to the possibility that the plaintiffs graduated from high school before the motion to intervene was filed and, therefore, CEAI asserts the plaintiffs lacked standing to resist intervention or file a bill of costs. Constitutional standing requires the party seeking relief to demonstrate, among other things, the existence of a concrete injury that is redressable by a favorable court decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). "The party invoking federal jurisdiction bears the burden of establishing these elements." Id. at 561, 112 S.Ct. 2130; see also Amnesty Int'l, USA v. Battle, 559 F.3d 1170, 1177 (11th Cir.2009). CEAI was the party invoking the court's jurisdiction through intervention proceedings. When CEAI moved to intervene, attacking the consent decree in its entirety and seeking to vacate it ab initio, the original parties to the consent decree understandably opposed the intervention in an attempt to preserve the benefit of their bargain. "Consent decrees are entered into by parties to a case after careful negotiation has produced agreement on their precise terms." United States v. Armour & Co., 402 U.S. 673, 681-82, 91 S.Ct. 1752, 29 L.Ed.2d 256 (1971). "A party that obtains a judgment in its favor acquires a `judicially cognizable' interest in ensuring compliance with that judgment," and "ha[s] standing to seek its vindication." Salazar v. Buono, ___ U.S. ____, 130 S.Ct. 1803, 1814-15, 176 L.Ed.2d 634 (2010) (plurality) (stating, "[w]hatever the validity of the objection to Buono's standing, that argument is not available to the Government at this stage of the litigation," because the judgment had become final and unreviewable).
The court views CEAI's current motion for limited discovery regarding the plaintiffs' standing to seek costs or to resist intervention as simply another attempt to collaterally attack the consent decree, which it cannot do.
Finally, the consent decree protects the plaintiffs' identities from disclosure for a period of five years; such protection prohibits the release of information in court documents that may compromise their anonymity. Because the court previously included the plaintiffs' age and grade (and therefore necessarily their graduation dates) as this type of protected identification information (doc. 26) and there is no dispute that the plaintiffs were indeed students at the time the consent decree was entered, there is no need to alter the prior ruling and CEAI, a nonparty, has no basis
Accordingly, it is hereby ORDERED:
1. CEAI's motion for limited discovery (doc. 259) is DENIED.
2. CEAI's motion to unseal documents (doc. 271) is DENIED.
3. CEAI's first supplement to the motion to unseal documents (doc. 282) is also DENIED.
4. Clerk shall seal CEAI's motion to unseal documents and its attachment (doc. 271).