LR 7041. DISMISSAL FOR WANT OF PROSECUTION. Any proceeding which has been pending in this court for more than one (1) year without any activity of record may, after notice, be dismissed for want of prosecution on motion of counsel, any party, or by the court. LR 7054. COSTS - TAXATION/PAYMENT. (a) Costs and attorneys’ fees in general. (1) Unless otherwise ordered by the court, the prevailing party may be entitled to reasonable costs. A prevailing party who claims such costs shall, not later than ten (10) days after the date of entry of the decree or judgment, serve on the attorney for the adverse party or upon an in pro se adversary party and file with the clerk on a form provided by the clerk a bill of costs and disbursements. Cross reference 28 U.S.C. §§ 1920, 1921 and 1923; and Fed. R. Civ. P. 54(d). (2) Such bill of costs shall be verified as required by 28 U.S.C. § 1924, shall distinctly set forth each item thereof so that the nature of the charge can be readily understood, and shall state that the items are correct and that the services have been actually and necessarily performed and the disbursements have been necessarily incurred in the action or proceeding. An itemization and, where available, documentation of requested costs in all categories must be attached to the bill of costs. (3) The clerk shall tax the costs not later than ten (10) days after the filing of objections or the time within which such objections may be filed has passed. (b) Fees of clerk, marshal, process server and docket. Fees allowable by statute are clerk’s fees pursuant to 28 U.S.C. § 1920; docket fees pursuant to 28 U.S.C. § 1923; and, marshal’s fees pursuant to 28 U.S.C. § 1921. Fees of authorized process servers are ordinarily taxable. (c) Fees incident to transcripts, trial transcripts. The cost of the original of a trial transcript, including a daily transcript, and of a transcript of matters occurring prior or subsequent to trial which is furnished to the court is taxable when either requested by the court or prepared pursuant to stipulation approved by the court. Mere acceptance by the court does not constitute a request. Copies of transcripts for counsel’s own use are not taxable in the absence of a prior special order of the court. (d) Deposition costs. The reporter’s charge for the original deposition is taxable whether or not the same is actually received in evidence or whether or not it is taken solely for discovery. Counsel’s copies are not taxable, regardless of which party took the deposition. The reasonable expenses of a deposition reporter and the notary or other official presiding at the taking of the deposition are taxable, including travel, where necessary, and subsistence. Postage costs, including registry, for sending the original deposition to the clerk for filing are taxable if the court has ordered the filing of said deposition. Counsel’s fees, expenses in arranging for taking and expenses in attending the taking of a deposition are not taxable, except as provided by statute or by the Federal Rules of Civil Procedure. Fees for the witness at the taking of a deposition are taxable at the same rate as for attendance at trial. The witness need not be under subpoena. A reasonable fee for a necessary interpreter at the taking of a taxable deposition is taxable. (e) Witness fees, mileage and subsistence. (1) The rate for witness fees, mileage and subsistence are fixed by statute under 28 U.S.C. § 1821. Such fees are taxable even though the witness may not take the stand if it is shown that the attendance was necessary; but if a witness is not used, it will be presumed that the attendance was unnecessary. Such fees are taxable even though the witness attends voluntarily upon request and is not under subpoena. Taxation may be made for the cost of each day the witness is necessarily in attendance and is not limited only to those costs incurred for the actual day the witness testified. Fees will be limited, however, to the days of actual testimony and the days required for travel if no showing is made that the witness necessarily attended for a longer time. (2) Taxable transportation expenses shall be based on the most direct route at the most economical rate reasonably available for the means of transportation actually used by the witness, subject to the additional provisions of the Federal Rules of Civil Procedure. (3) Subsistence for the witness under 28 U.S.C. § 1821 is allowable if the distance from the court to the residence of the witness is such that mileage fees would be greater than subsistence fees if the witness were to return to his/her residence from day to day. (4) No party shall receive witness fees for testifying in that party’s own behalf, but this shall not apply where a party is subpoenaed to attend court by the opposing party. Witness fees for officers of a corporation are taxable if the officers are not defendants and recovery is not sought against the officers individually. Fees for expert witnesses are not taxable in a greater amount than statutorily allowable for ordinary witnesses unless authorized by contract or specific statute. (5) The reasonable fee for a competent interpreter is taxable if the fee of the witness for whom the interpreting services were required is taxable. The reasonable fee of a competent translator is taxable if the document translated is necessarily filed or admitted into evidence. (f) Exemplification and copies of papers. (1) An itemization of costs claimed pursuant to this section shall be attached to the cost bill. The cost of copies of an exhibit necessarily attached to a document required to be filed and served is taxable. Cost of one (1) copy of a document is taxable when admitted into evidence in lieu of an original which is either not available for introduction into evidence, or is not introduced at the request of opposing counsel. The cost of copies submitted in lieu of originals because of the convenience to offering counsel or counsel’s client is not taxable. The cost of reproducing copies of motions, pleadings, notices and other routine case papers is not allowable. The cost of copies obtained for counsel’s own use is not taxable. The fee of an official for certification or proof regarding non-existence of a document is taxable. Notary fees are taxable if actually incurred, but only for documents which are required to be notarized and which are necessarily filed. Costs incurred for reducing by xerographic or other similar means documents in order to comply with the paper size requirement of LR 9004(a) or LR 9004(d) are taxable. (2) The cost of patent file wrappers and prior art patents are taxable at the rate charged by the patent office. Expenses for services of persons checking patent office records to determine what should be ordered are not taxable. (g) Maps, charts, models, photographs, summaries, computations and statistical summaries. The cost of maps and charts is taxable if they are admitted into evidence. The cost of photographs, eight-inch by ten-inch (8? x 10?) in size or less, is taxable if admitted into evidence or attached to documents required to be filed and served on opposing counsel. The cost of enlargements greater than eight-inch by ten-inch (8? x 10?), models or compiling summaries, computations and statistical comparisons is not taxable except by prior order of the court. (h) Fees of masters, receivers and commissioners. Unless otherwise ordered by the court, the fees of masters, receivers and commissioners are taxable as costs. (i) Premiums on undertakings and bonds. The party entitled to recover costs shall ordinarily be allowed premiums paid on undertakings and bonds where the same have been furnished by reason of express requirement of the law, on order of the court or a judge thereof, or where the same is necessarily required to enable the party to secure some right accorded to such party in the action or proceeding. (j) Removed cases. In a case removed from the state court, costs incurred in the state court prior to removal, including but not limited to the following, are taxable in favor of the prevailing party in this court: (1) Fees paid to the clerk of the state court; (2) Fees for service of process in the state court; (3) Costs of exhibits necessarily attached to documents required to be filed in the state court; and (4) Fees for witnesses attending depositions before removal unless the court finds that the witness was deposed without reason or necessity. (k) Party entitled to costs. The prevailing party shall be determined by the court. If each side recovers in part, ordinarily the party recovering the larger sum will be considered the prevailing party. The defendant is the prevailing party upon a dismissal or other termination of the case without judgment for the plaintiff on the merits. In appropriate circumstances, the court may apportion the costs between the parties. No costs shall be allowed to either party if the court is unable to clearly determine the prevailing party. (l) Costs against the government. For these costs, reference 28 U.S.C. § 2412. (m) Costs not ordinarily allowed. Unless a party shall substantiate any claim by references to statutes or decisions for the following costs, they will not ordinarily be allowed: (1) Accountant’s fees incurred for investigation; (2) The purchase of infringing devices in patent cases; (3) The physical examination of an opposing party; (4) Courtesy copies of exhibits furnished to opposing counsel without request; and (5) Motion pictures. (n) Method of taxation of costs. (1) Opposing counsel shall have ten (10) days after service of the bill of costs within which to file and serve written objections specifying each item to which objection is made, the ground for the objection, and to file and serve any affidavit presenting facts relied upon in support of the objection. (2) On the date set for the taxation neither the parties nor their attorneys shall appear. The clerk shall proceed to tax the costs, and shall allow the items specified in said bill of costs as are properly chargeable as costs. The clerk shall make an insertion of the costs into the docket, and the judgment, if appropriate. The taxation of costs made by the clerk shall be final unless modified on review as provided in LR 7054(o). (3) Notice of the clerk’s taxation of costs shall be given by mailing a copy of the bill as approved by the clerk to all parties in accordance with Fed. R. Civ. P. 5. (o) Review of costs. (1) A review of the decision of the clerk in the taxation of costs may be taken to the court on motion to retax by any party in accordance with Fed. R. Civ. P. 54(d). A motion to retax accompanied by points and authorities shall be filed and served within five (5) days after receipt of the notice provided for in LR 7054(n)(3). (2) A motion to retax shall particularly specify the ruling of the clerk excepted to, and no others will be considered by the court. Said motion shall be decided upon the same papers and evidence submitted to the clerk. (p) Appellate costs. The bankruptcy court does not tax or retax appellate costs. The certified copy of the judgment or the mandate of the Court of Appeals, without further action by the district court, is sufficient basis to request issuance by the clerk of the bankruptcy court of a writ of execution to recover costs taxed by the appellate court. (q) Motions for attorneys’ fees. When a party is entitled to move the court for an award of attorney’s fees, the motion shall be filed with the court and served within fourteen (14) days after final judgment or order disposing of the action. (r) Procedure for motions for attorney’s fees. (1) Contents of motion. Unless otherwise ordered by the court, a motion for fees must contain the following items in addition to those duties required by Fed. R. Civ. P. 54(d)(2)(B): (A) An itemization of the work performed, the name of the person performing the work, a brief description of the position and experience of each individual billing time to the case, the hourly charge, and the amount charged. A description of the work performed must be specific so as to permit the reviewer to identify the task(s) sufficiently performed; (B) An itemization of all costs sought to be charged as part of the fee award and not otherwise taxable pursuant to 28 U.S.C. § 1920; (C) A brief summarization of the nature of the case, the difficulty of the case, and the results obtained; (D) Previous applications and the amounts awarded; and

Vegas Law