Seebach
Seebach v. BMW of North America, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Andrea Seebach, No. 2:18-cv-00109-KJM-AC Plaintiff, ORDER Vv. BMW of North America, LLC, Defendant. 16 Plaintiff Andrea Seebach submitted a request to tax costs under the California Song- Beverly Act Consumer Warranty Act. See Bill of Costs, ECF No. 24. BMW objects to the extent Ms. Seebach requests $3,895 in fees paid to her retained expert witness. See Opp’n, ECF No. 31; Reply, ECF No. 34. “Federal Rule of Civil Procedure 54(d) gives courts the discretion to award costs to 22 prevailing parties.” Taniguchi v. Kan Pac. Saipan, Ltd., 566 U.S. 560, 565 (2012). Section 1920 of Title 28, in turn, “defines the term ‘costs’ as used in Rule 54(d)” and “enumerates expenses 24 that a federal court may tax as costs under the discretionary authority found in Rule 54(d).” Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 437, 437 (1987). That section does not 26 permit…