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In Re Ciprofloxin Hydrochloride Antitrust Litigation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 13, 2011

IN RE CIPROFLOXIN HYDROCHLORIDE ANTITRUST LITIGATION,

The opinion of the court was delivered by: Gold, Steven M., U.S.M.J.

ORDER

On March 31, 2005, the Honorable David G. Trager granted defendants' motions for summary judgment. Docket Entry 413. In 2009, the Federal and Second Circuits affirmed Judge Trager's grant of summary judgment. Docket Entry 580. Pending before the Court are defendants' requests for bills of costs pursuant to Federal Rule of Civil Procedure 54(d)(1).*fn1

Docket Entries 577, 578, 579.

Local Civil Rule 54.1(a) requires that a "request to tax costs shall be served upon each other party not less than seven (7) days before the date and time fixed for taxation." Moreover, the Local Rule provides that a "party objecting to any cost item [must] serve objections in writing prior to or at the time for taxation." Local Civil Rule 54.1(b).

Defendants filed their requests for bills of costs on December 1, 2010 and indicated that the date fixed for taxation, and objections, was December 9, 2010.*fn2 Docket Entries 577-79. The time for objections has passed. As of today's date, no objections have been filed. "In the absence of written objection, any item listed may be taxed within the discretion of the clerk." Local Civil Rule 54.1(b).

28 U.S.C. § 1920 sets forth the costs permitted under Rule 54(d)(1), including fees for transcripts "necessarily obtained for use in the case." 28 U.S.C. § 1920(2). In addition, Local Civil Rule 54.1(c) sets out categories of costs that are properly taxable, including deposition transcripts used in connection with summary judgment motions. Local Civil Rule 54.1(c)(2). Here, defendants assert that they are seeking costs only for those deposition transcripts that were submitted in connection with the summary judgment motions. See Def. Mem. 4, Docket Entry 580; see also Smith Aff. ¶ 3, Docket Entry 577-3; McDonald Aff. ¶ 3, Docket Entry 578-3; Skidmore Aff. ¶ 3, Docket Entry 579-4. As noted above, plaintiffs have not filed any objections. Accordingly, the Clerk of the Court is directed to tax costs in the full amount defendants seek.*fn3

Brooklyn, New York

U:\eoc 2011\cipro.docX

STEVEN M. GOLD United States Magistrate Judge


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