Shen

Shen v. Albany Unified School District

Good Law
United States District Court, Northern District of CaliforniaApril 16, 20213:17-cv-02478California893 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PHILIP SHEN, et al., Case No. 3:17-cv-02478-JD

Plaintiffs,

ORDER RE COSTS

v. 9 Re: Dkt. No. 221 ALBANY UNIFIED SCHOOL DISTRICT, et al., 11 Defendants.

12 The objection by plaintiffs Kevin Chen and C.E. to defendants’ bill of costs for $62,368.51 is sustained. See Dkt. No. 221 (bill); Dkt. No. 224 (objection). No costs will be imposed. The parties’ familiarity with the record is assumed. “Unless a federal statute, these rules, or a court order provides otherwise, costs -- other than attorney’s fees -- should be allowed to the prevailing party.” Fed. R. Civ. P. 54(d)(1). To rebut this presumption, the losing party must show why an award should not be ordered. Save Our Valley v. Sound Transit, 335 F.3d 932, 944-45 (9th Cir. 2003). The decision to award costs vel non is entrusted to the Court’s sound discretion. Ass’n of Mex.-Am. Educators v. Cal., 231 F.3d 572, 591 (9th Cir. 2000) (en banc). The factors guiding the exercise of discretion to deny costs include: “(1)…

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