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Reese v. County of Sacramento

United States District Court, E.D. California

June 17, 2016

ROBERT I. REESE, JR., Plaintiff,
v.
COUNTY OF SACRAMENTO; Sacramento County Sherriff's Department Deputy DUNCAN BROWN Badge #1220; and Sacramento County Sherriff's Department Deputy ZACHARY ROSE Badge #832, Defendants.

          ORDER GRANTING IN PART BILL OF COSTS SUBMITTED FOR THE LAW OFFICE OF STEWART KATZ; GRANTING IN PART BILL OF COSTS SUBMITTED FOR THE LAW OFFICES OF DALE K. GALIPO

          GARLAND E. BURRELL, JR., SENIOR UNITED STATES DISTRICT JUDGE

         Plaintiff Robert I. Reese, Jr. ("Reese") submitted two Bill of Costs supported by declarations from his counsel. Reece's attorney Stewart Katz, from the Law Office of Stewart Katz, declares he incurred $19, 103.48 in costs. (Pl.'s Bill of Costs for the Law Office of Stewart Katz ("Katz Bill of Costs") 1:24-26, ECF No. 198.) Reece's attorney Dale K. Galipo, from the Law Offices of Dale K. Galipo, declares he incurred $783.50 in costs. (Bill of Costs for the Law Offices of Dale K. Galipo ("Galipo Bill of Costs"), ECF No. 199.) Deputy Zachary Rose and the County of Sacramento (collectively, "Defendants") oppose each Bill of Costs. (Opp'n to Galipo Bill of Costs, ECF No. 200; Opp'n to Katz Bill of Costs, ECF No. 201.)

         Judgment was entered in this lawsuit against Reece on his federal Fourth Amendment claim and on his claims alleged under the California Bane Act; and Reece prevailed on his battery claim against Defendants Rose and the County of Sacramento.

         LEGAL STANDARD

         Reese's cost requests are considered under Federal Rule of Civil Procedure ("Rule") 54(d)(1), 28 U.S.C. § 1920, and Local Rule 292. Rule 54(d)(1) states in relevant part: "Unless a federal statute, these rules, or a court order provides otherwise, costs-other than attorney's fees-should be allowed to the prevailing party." Fed.R.Civ.P. 54(d)(1). 28 U.S.C. § 1920 provides:

         A judge or clerk of any court of the United States may tax as costs the following:

(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.
A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.

28 U.S.C. § 1920.

         Local Rule 292(f) prescribes the following costs are recoverable:

(1) Clerk's fees (28 U.S.C. §§ 1914, 1920(1));
(2) Marshal's fees and fees for service by a person other than the Marshal under Fed.R.Civ.P. 4 to the extent they do not exceed the amount allowable for the same service by the Marshal (28 U.S.C. §§ 1920(1), 1921);
(3) Court reporter's fees (28 U.S.C. § 1920(2));
(4) Docket fees (28 U.S.C. §§ 1920(5), 1923);
(5) Fees for exemplification and copies of papers necessarily obtained for use in the action (28 ...

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