Bill of costs that was untimely due to clerical error was not stricken

Morris James LLP
Contact

St. Clair Intellectual Property Consultants, Inc. v. Toshiba Corporation, et al., Inc., C.A. No. 09-354-KAJ, April 13, 2016.

Jordan,  J. (sitting by designation) Plaintiff’s motion for an extension to file a bill of costs is granted. Defendant’s motion to strike the bill of costs is denied.

The deadline for filing defendants’ bill of costs was November 16, 2015. It was not filed until November 23, 2015 and plaintiff moved to strike it as untimely and waived.  Defendants’ failure was caused by an error in the calendaring system.  The court reasons that the error was clerical rather than legal and denies the motion to strike.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Morris James LLP

Written by:

Morris James LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Morris James LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide