Case Document Filed Page of Case Document Filed Page of extended by the Court for good cause shown any party seeking to recover costs shall file with the Clerk a notice of taxation of costs by Electronic Case Filing indicating the date and time of taxation which shall comply with the notice period prescribed by Fed Civ and annexing a bill of costs Any party failing to file a notice of taxation of costs within the applicable thirty day period will be deemed to have waived costs.u The decision to award costs to a prevailing party under Fed Civ rests within the sound discretion of the district court The directive in Local Rule does not purport to interfere with that discretion.u Caravalho City of New York No WL at S.D.N.Y Oct internal citations and quotation marks omitted allowing bill of costs to be filed one day late see also Formation Inc Benetton Grp SpA No WL at S.D.N.Y June Final judgment was entered on March and Salomon defendants moved for costs on January under the assumption that the stipulation of discontinuance entered December constituted a final judgment Although the bill of costs was filed prematurely I find good cause shown given the confusion over whether the stipulation constituted a final judgment and no prejudice to plaintiff to enlarge the time to submit a bill of costs.u Case Document Filed Page of In this case good cause is shown because the plaintiff originally timely filed the bill of costs but the bill of costs was rejected by the Clerks office for failure to comply with the Local Rules There is no significant prejudice to the plaintiff to allow for a brief extension to refile the bill of costs in compliance with the Local Rules Therefore Ms Maxwell may refile the bill of costs by June She should consult with the Clerks Office to assure that the form is correct SO ORDERED Dated New York New York May 5u;t John Koel tl United States District Judge
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