The Haagen-Dazs Company, Inc. Pillsbury Company v. Double Rainbow Gourmet Ice Creams, Inc. Two Count Company, Inc.

Good Law
90 Daily Journal DAR 13807·920 F.2d 587·1990 WL 192055·18 Fed. R. Serv. 3d 397·1990 U.S. App. LEXIS 20898
United States Court of Appeals for the Ninth CircuitDecember 5, 199088-15495California499 words

Opinion

Opinion

Double Rainbow Gourmet Ice Creams, Inc. and Two Count Company, Inc., (“Double Rainbow”) appeal the district court’s order awarding The Haagen-Dazs Company, Inc. and Pillsbury Company (“Haagen-Dazs”), as the prevailing parties, $27,-740.70 in copying costs pursuant to Fed.R. Civ.P. 54(d). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

We review the district court’s award of costs for an abuse of discretion. See Alflex Corp. v. Underwriters Laboratories, Inc., 914 F.2d 175, 176 (9th Cir.1990) (per curiam).

In Crawford Fitting Co. v. J.T. Gibbons, Inc., the Supreme Court held that federal courts are limited to assessing only those costs enumerated under 28 U.S.C. § 1920 . 482 U.S. 437, 441-42 , 107 S.Ct. 2494, 2497-98 , 96 L.Ed.2d 385 (1987); cf. Alflex, 914 F.2d at 176-77 (courts, however, are free to interpret the meaning of cost within section 1920).

Moreover, the Local Rules of the Northern District of California (“Local Rules”) allow, as taxable costs, “[t]he cost of reproducing documents obtained [in discovery] and used for any purpose in the case.... ” Local Rules App. A, ¶ V(B); see also Twentieth Century Fox Film Corp. v. Goldwyn, 328 F.2d 190, 224 (9th…

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