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Defend Trade Secrets Act (of 2016) | Massachusetts
Order on Motion for Bill of Costs
Judge Myong J. Joun: ELECTRONIC ORDER entered. Plaintiff Lunan Pharmaceutical Group Co. Ltd. seeks an award of costs pursuant to Federal Rule of Civil Procedure 54(d). Doc. No. 263 . Defendant Long Zhao moves to disallow those costs. Doc. No. 264 . Rule 54(d) creates a presumption in favor of awarding costs to the prevailing party. Where, however, the litigation results in mixed success and no party can fairly be said to have “carried the day,” the Court has discretion to require each side to bear its own costs. See Ira Green, Inc. v. Military Sales & Serv. Co., 775 F.3d 12, 28–29 (1st Cir. 2014). Here, neither party achieved an unqualified victory. Lunan prevailed on its trade-secret claim and obtained a damages award, but did not prevail on its claims for exemplary damages or attorneys’ fees. Zhao, in turn, prevailed on her counterclaim recognizing the BVI cost awards. Considering the litigation as a whole, the Court concludes that neither side can fairly be characterized as the prevailing party for purposes of Rule 54(d). Under these circumstances, the appropriate exercise of the Court’s discretion is to require each party to bear its own costs. Accordingly, Defendant’s Motion for Disallowance of Costs, Doc. No. 264 , is GRANTED, Plaintiff’s Bill of Costs, Doc. No. 263 , is DENIED, and each party shall bear its own costs. SO ORDERED. (SP)
Plaintiff Lunan Pharmaceutical Group Co. Ltd. seeks an award of costs pursuant to Federal Rule of Civil Procedure 54(d). Doc. No. 263 . Defendant Long Zhao moves to disallow those costs. Doc. No. 264 . Rule 54(d) creates a presumption in favor of awarding costs to the prevailing party. Where, however, the litigation results in mixed success and no party can fairly be said to have “carried the day,” the Court has discretion to require each side to bear its own costs. See Ira Green, Inc. v. Military Sales & Serv. Co., 775 F.3d 12, 28–29 (1st Cir. 2014). Here, neither party achieved an unqualified victory. Lunan prevailed on its trade-secret claim and obtained a damages award, but did not prevail on its claims for exemplary damages or attorneys’ fees. Zhao, in turn, prevailed on her counterclaim recognizing the BVI cost awards. Considering the litigation as a whole, the Court concludes that neither side can fairly be characterized as the prevailing party for purposes of Rule 54(d). Under these circumstances, the appropriate exercise of the Court’s discretion is to require each party to bear its own costs. Accordingly, Defendant’s Motion for Disallowance of Costs, Doc. No. 264 , is GRANTED, Plaintiff’s Bill of Costs, Doc. No. 263 , is DENIED, and each party shall bear its own costs.
SO ORDERED.
| Massachusetts
Notice of Hearing on Motion
ELECTRONIC NOTICE OF HEARING ON MOTION as to Keanu Fernandes 17 MOTION to Withdraw as Attorney and for Appointment of New Counsel by E. Peter Parker :
This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.
For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact the session here.
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