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Lilliam Davila-Feliciano v. Puerto Rico State Insurance Fund, et al

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Before Boudin, Lipez and Thompson, Circuit Judges.

Appellant Lilliam Davila-Feliciano appeals from an order of the District Court for the District of Puerto Rico approving the Clerk’s taxation of costs in the amount of $12,690.10 pursuant to Federal Rule of Civil Procedure 54(d)(1) and 28 U.S.C. § 1920. We turn first to Appellees’ late presented timeliness argument, presented for the first time in their recently filed supplemental brief. The argument contradicts Appellees’ express disavowal in their opening brief of any timeliness and jurisdictional challenges, and the argument falls outside the scope of this court’s order directing supplemental briefing. Regardless, the argument also fails as a matter of substance. Davila-Feliciano filed her notice of appeal within 30 days of the district court’s entry of the challenged order, and that is all that Federal Rule of Appellate Procedure 4 required in this case. Appellees have cited to no precedent to the contrary.

As for the $181.80 in copying costs and $1,425 in deposition transcription costs taxed by the district court, we conclude that, under the circumstances, the district court did not abuse its discretion in approving the Clerk’s taxation of those costs. See In re San Juan Dupont Plaza Hotel Fire Litigation, 111 F.3d 220, 228 (1st Cir. 1997) (setting out standard of review).

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