Henneberry
Henneberry v. City of Newark
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN PATRICK HENNEBERRY, Case No. 13-cv-05238-TSH
Plaintiff,
ORDER RE: BILL OF COSTS
v. Re: Dkt. No. 468 CITY OF NEWARK, et al., Defendants.
12 After judgment was entered in their favor, Defendants Karl Fredstrom and City of Newark submitted a bill of costs totaling $6,784.15. ECF No. 468. Plaintiff John Henneberry has filed an objection. ECF No. 479. Plaintiff does not dispute that Defendants are the prevailing parties. Instead, he requests the Court deny Defendants’ costs because he is indigent and because this case involved important constitutional rights. Federal Rule of Civil Procedure 54(d)(1) provides that, “[u]nless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney’s fees—should be allowed to the prevailing party.” “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 …