Leonard v. McMenamins Inc

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 ANDREW LEONARD et al., CASE NO. C22-0094-KKE 8

Plaintiff(s), ORDER DEFERRING RULING ON 9 v. MOTION FOR BILL OF COSTS

10 MCMENAMINS INC,

11 Defendant(s).

12 After the Court granted Defendant’s motion for summary judgment and dismissed this case 13 with prejudice (Dkt. No. 117), Defendant filed a motion for bill of costs (Dkt. No. 119). Plaintiffs 14 later filed a notice of appeal of the Court’s order granting summary judgment. Dkt. No. 121. 15 Plaintiffs then filed an untimely opposition to Defendant’s motion for bill of costs, along 16 with a motion for leave to file the late opposition, disputing some of the cost items and requesting 17 that the Court defer ruling on the cost bill while the appeal is pending. Dkt. Nos. 123, 124. 18 Defendant does not strongly oppose Plaintiffs’ request for relief from deadline, but does oppose 19 deferring ruling on the cost bill. According to Defendant, it should not have to wait an “indefinite 20 period” of time for the appeal to be resolved before it can recover its modest costs. Dkt. No. 125. 21 Although the Court granted Defendant’s motion for summary judgment, the Ninth Circuit 22 now has an opportunity to determine whether Defendant should indeed prevail and therefore 23 recover its costs. Because a forthcoming ruling from the Ninth Circuit could moot Defendant’s 24 1 motion for a bill of costs, the Court finds that deferring ruling on that motion until after the appeal 2 is resolved would promote judicial economy. See, e.g., Rodman v. Ethicon, Inc., No. C20-6091 3 BHS, 2021 WL 4902484, at *1 (W.D. Wash. Sept. 2, 2021); Lasic v. Moreno, No. 2:05-cv-0161-

4 MCE-DAD, 2007 WL 4180655, at *1 (E.D. Cal. Nov. 21, 2007). 5 The Court therefore GRANTS Plaintiffs’ motion for relief from deadline (Dkt. No. 123) 6 and DEFERS RULING on Defendant’s motion for bill of costs (Dkt. No. 119), pending appeal. 7 The parties shall submit a joint status report within 14 days of the resolution of the appeal. 8 Dated this 28th day of October, 2024. 9 A 10 Kymberly K. Evanson 11 United States District Judge

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