Sim v. Duran

          ORDER REGARDING BILL OF COSTS SUBMITTED BY DEFENDANT [ECF NO. 120]

         Plaintiff Hwa Sung Sim is appearing in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

         Currently before the Court is the bill of costs filed by Defendant on October 11, 2019.

         I. BACKGROUND

         This 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.

         As previously stated, on October 11, 2019, Defendant submitted a bill of costs.

         On October 17, 2019, Plaintiff filed objections to the bill of costs, and Defendant filed a reply on October 18, 2019.

         II. LEGAL STANDARD

         Federal 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 ...