United States District Court, E.D. California
ORDER REGARDING BILL OF COSTS SUBMITTED BY DEFENDANT
[ECF NO. 120]
Hwa Sung Sim is appearing in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
before the Court is the bill of costs filed by Defendant on
October 11, 2019.
action proceeded to jury trial on October 1, 2019, and
judgment was rendered in favor of Defendant Monica Duran and
against Plaintiff Hwa Sung Sim on October 4, 2019.
previously stated, on October 11, 2019, Defendant submitted a
bill of costs.
October 17, 2019, Plaintiff filed objections to the bill of
costs, and Defendant filed a reply on October 18, 2019.
Rule of Civil Procedure 54(d)(1) provides that “unless
. . . a court order provides otherwise, costs -- other than
attorney's fees --should be allowed to the prevailing
party.” The Local Rules of the Eastern District of
California state that “[c]osts shall be taxed in
conformity with the provisions of 28 U.S.C. §
1920.” L.R. 292(a); see also Grove v. Wells Fargo
Financial California, Inc., 606 F.3d 557, 579 (9th Cir.
2010) (the full extent of the court's power to shift
litigation costs is defined by section 1920, absent express
statutory authority). Under 28 U.S.C. § 1920 the Court
may tax costs for:
(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 ...