United States District Court, E.D. California
ROBERT I. REESE, JR., Plaintiff,
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.
GARLAND E. BURRELL, JR., SENIOR UNITED STATES DISTRICT JUDGE
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.)
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.
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:
or clerk of any court of the United States may tax as costs
(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
A bill of costs shall be filed in the case and, upon
allowance, included in the judgment or decree.
28 U.S.C. § 1920.
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 ...