Ryan

Ryan v. Beltramo Jr.

Good Law
United States District Court, Northern District of CaliforniaMarch 27, 20234:21-cv-00085California498 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5

PAUL RYAN, JILLIAN RYAN,

Case No. 21-cv-0085-YGR Plaintiffs,

8 v. ORDER REGARDING ALLOCATION OF

COSTS

JOHN R. BELTRAMO, JR.,

Defendant.

“Federal Rule of Civil Procedure 54(d)(1) provides that ‘costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs.’ By its terms, the rule creates a presumption in favor of awarding costs to a prevailing party, but vests in the district court discretion to refuse to award costs.” Ass’n of Mexican-Am. Educators v. State of California, 231 F.3d 572, 591 (9th Cir. 2000). “That discretion is not unlimited. A district court must ‘specify reasons’ for its refusal to award costs.” Id. The Ninth Circuit has recognized the losing party’s limited financial resources and misconduct on the part of the prevailing party as valid reasons, among others. Id. Here, defendant does not argue he has limited means, or misconduct on the part of plaintiffs, he argues that plaintiffs…

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