Shanmugam
Shanmugam v. Mercedes-Benz USA LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 ARULSENTHILK SHANMUGAM, an No. 2:20-cv-01647 WBS KJN individual, and SUJAI SHANMUGASUNDARAM, an individual, Plaintiffs, ORDER v. MERCEDES-BENZ USA, LLC, a Delaware Limited Liability Company, and DOES 1 through 20, inclusive, 18 Defendants.
20 ----oo0oo---- 21 Plaintiffs have filed a bill of costs totaling $555.00. (Docket No. 17.) Although defendant has not objected, Federal Rule of Civil Procedure 54(d)(1) and Local Rule 292, which govern taxation of costs, provide that costs are available only to the “prevailing party.” Fed. R. Civ. P. 54(d)(1); E.D. Cal. Local R. 292(b); see also 28 U.S.C. § 1920 (enumerating taxable costs). It is “well-settled” that “[a] ‘prevailing party’ . . . is a party that has been afforded some relief by the court.” York v. Beard, 1:14-cv-1234 LJO GSA PC, 2016 WL 7324703, at *1 (E.D. Cal. Dec. 15, 2016) (citing Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health…