Yesenia Guitron v. Wells Fargo Bank

MEMORANDUM

Yesenia Guitron appeals the district court’s summary judgment order in favor of defendant, Wells Fargo Bank, dismissing her whistleblower action brought under § 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A. Guitron also seeks review of the clerk’s bill of costs for $42,059.24. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo, and taxation of costs for abuse of discretion. Tides v. Boeing Co., 644 F.3d 809, 813 (9th Cir.2011); Ass’n of Mexican-American Educators v. California, 231 F.3d 572 , 591-92 (9th Cir.2000) (en banc). We affirm the summary judgment order and vacate and remand the bill of costs.

SOX whistleblower claims are governed by “a burden-shifting procedure [under] which a plaintiff is first required to make out a prima facie case of retaliatory discrimination.” Van Asdale v. Int'l Game Tech, 577 F.3d 989, 996 (9th Cir.2009). “[I]f the plaintiff meets this burden, the employer [then] assumes the burden of demonstrating by clear and convincing evidence that it would have taken the same adverse employment action in the absence of the plaintiff’s protected activity.” Id. Because…