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Sanchez v. El Dorado County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 5, 2008

GARY SANCHEZ, PLAINTIFF,
v.
EL DORADO COUNTY, ET AL., DEFENDANTS.

ORDER RE: COSTS

On March 7, 2008, after a jury trial, a verdict was entered in this case in favor of defendant Ravi Fry. Defendant has submitted a cost bill totaling $4,923.37. Plaintiff has not objected.

Rule 54(d)(1) of the Federal Rules of Civil Procedure and Local Rule 54-292(f) govern the taxation of costs to losing parties, subject to limits set under 28 U.S.C. § 1920. See 28 U.S.C. § 1920 (enumerating taxable costs); Fed. R. Civ. P. 54(d)(1) ("Unless a federal statute, these rules, or a court order provides otherwise, costs--other than attorneys' fees--should be allowed to the prevailing party."); L.R. 54-292(f); Crawford Fitting Co. v. J.T. Gibbons Inc., 482 U.S. 437, 441 (1987) (limiting taxable costs to those enumerated in 28 U.S.C. § 1920). The district court has discretion to determine what constitutes a taxable cost within the meaning of 28 U.S.C. § 1920. Alflex Corp. v. Underwriters Lab., Inc., 914 F.2d 175, 177 (9th Cir. 1990). The losing party has the burden of overcoming the presumption in favor of awarding costs to the prevailing party. Russian River Watershed Prot. Comm. v. City of Santa Rosa, 142 F.3d 1136, 1144 (9th Cir. 1998).

After reviewing the bill, the court finds that $4,923.37 for service of summons and subpoena, reporter fees, witnesses fees, and docket fees to be reasonable. Accordingly, the cost of $4,923.37 will be allowed.

IT IS SO ORDERED.

20080805

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