Hunter v. Sacramento County

Summary

The United States District Court for the Eastern District of California denied Brandon Eugene Hunter’s motion for reconsideration of $650 in costs assessed after he failed to appear for a noticed deposition. The court held that his claimed medical incapacitation and lack of legal materials did not establish grounds for reconsideration under Federal Rule of Civil Procedure 60(b) or Local Rule 230(j). The court concluded that the costs were properly taxed against him as the non-prevailing party.

Holdings

1. Reconsideration was unwarranted because plaintiff showed no new facts or circumstances, clear error, intervening change in controlling law, fraud, mistake, or other recognized basis for relief.
2. The $650 in costs was properly assessed against plaintiff as the non-prevailing party.

Questions Presented

1. Whether plaintiff demonstrated grounds under Federal Rule of Civil Procedure 60(b) and Local Rule 230(j) for reconsideration of the $650 costs taxed against him.
2. Whether plaintiff's asserted medical incapacitation and lack of legal materials justified setting aside or reducing the costs assessed for his failure to appear at the deposition.
3. Whether the $650 in deposition-related costs was properly assessed against plaintiff as the non-prevailing party under Federal Rule of Civil Procedure 54(d)(1).

Disposition

other