Moss

Diana Akins, as successor in interest to Samuel Wynn, Jr. v. B. Moss, et al.

Good Law
United States District Court, Eastern District of CaliforniaDecember 5, 20252:21-cv-01317California250 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Diana Akins, as successor in interest to No. 2:21-cv-01317-KJM-DMC Samuel Wynn, Jr., ORDER B Plaintiff, v. B. Moss, et al., Defendants. 17 This court previously adopted the Magistrate Judge’s findings and recommendations and granted defendant’s motion for judgment on the pleadings. See F&Rs, ECF No. 75, adopted in 20 full, ECF No. 76. Defendants now seek an award of their costs, $1,069.45 incurred in connection with a deposition. See Bill of Costs, ECF No. 78; Mem., ECF No. 78-1. Plaintiff objects to the 22 bill of costs. ECF No. 79. The court declines to award costs based on the limited resources of plaintiff's successor in 24 interest, the absence of any funds in Samuel Wynn, Jr.’s estate, and the potential chilling effect an 25 award of costs would have on similar civil rights actions. See Ass’s of Mexican-Am. Educators v. 26 California, 231 F.3d 572,…

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