Before EDMONDSON, Chief Judge, BIRCH and ALARCON,* Circuit Judges.
BIRCH, Circuit Judge:
Plaintiff-appellant, Orrin Monroe Corwin, appeals (1) a 12 November
2004 order disposing of several evidentiary issues and granting summary
judgment in favor of defendant-appellee, Walt Disney World Company
(“WorldCo” or “Disney” for its precursor); (2) a 28 April 2005 order
denying Corwin’s motion for clarification and reconsideration; and (3)
a 9 May 2005 order adopting the report and recommendation of the United
States magistrate judge awarding taxable costs to WorldCo. Because we
find that Corwin has failed to raise a genuine issue of material fact
as to either WorldCo’s access to Mark Water’s rendering of a theme park
concept entitled “Miniature Worlds” or as to striking similarity
between that rendering and EPCOT (Experimental Prototype City of
Tomorrow), we AFFIRM
as to summary judgment and the motion to
reconsider. Because the district court awarded costs that it lacked
discretion to award, we VACATE the order on costs,and REMAND for
proceedings consistent with this opinion.
