Summary
This memorandum opinion and order resolves a dispute over the allocation of jury costs following a late settlement in a civil action. After evaluating the parties' submissions regarding Local Rule 38(b), the court determines that plaintiffs' counsel failed to demonstrate a reasonable basis for the delayed settlement. Accordingly, the court exercises its discretion to assess the $4,488.96 in juror attendance fees exclusively against plaintiffs' counsel.
Topics
Practice areas
Questions Presented
- Whether plaintiffs’ counsel should be assessed jury costs for the September 15, 2025 voir dire proceedings under Local Rule 38(b).
- Whether defendants’ counsel should be assessed jury costs under the same rule.
Holdings
- Jury costs are assessed against plaintiffs’ counsel because plaintiffs’ counsel failed to provide a reasonable basis for the late settlement.
- Defendants’ counsel is not assessed jury costs because a reasonable basis for the late settlement exists on the defendants’ side.
Key quotations
“Local Rule 38(b), titled Taxation of Jury Costs for Late Settlement, provides as follows: Except for good cause shown, whenever the settlement of an action tried by a jury causes a trial to be postponed, canceled, or terminated before a verdict, all juror costs, including attendance fees, mileage, and subsistence, may be imposed upon the parties unless counsel has notified the court and the clerk’s office of the settlement at least one day prior to the day on which the trial is scheduled to begin.”
Factual background
The parties settled on September 15, 2025, after the jury was seated for voir dire. The settlement was late under Local Rule 38(b), triggering the issue of which party should bear the juror costs incurred for the September 15 voir dire proceedings.
Procedural history
Plaintiffs filed suit on 2024‑08‑07; parties attended a final pre‑trial conference on 2025‑09‑12; settlement occurred on 2025‑09‑15 after jury was seated; the court issued a Show Cause Order and now orders jury costs assessed against plaintiffs’ counsel.