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C&C Offset Printing Company, Inc. v. Lone Pine Publishing Co.

United States District Court, D. Oregon

May 11, 2015

C&C OFFSET PRINTING COMPANY (USA), INC., an Oregon corporation, Plaintiff,
v.
LONE PINE PUBLISHING COMPANY, a Canadian corporation, Defendant.

ORDER

ANNA J. BROWN, District Judge.

This matter comes before the Court on Plaintiff's Amended Motion (#21) for Attorney Fees in which Plaintiff seeks $643.22 in court costs and $3, 004.50 in attorneys' fees.

I. Bill of Costs

Absent a showing of circumstances not relevant here, an award of costs is governed by federal law. See Champion Produce, Inc. v. Ruby Robinson Co., Inc., 342 F.3d 1016, 1022 (9th Cir. 2003). Accordingly, the Court applies federal law in its analysis of Plaintiff's request for an award of costs.

Federal Rule of Civil Procedure 54(d)(1) provides in pertinent part: "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." 28 U.S.C. ยง 1920 allows a federal court to tax specific items as costs against a losing party pursuant to Federal Rule of Civil Procedure 54(d)(1).

Section 1920 provides:

A judge or clerk of any court of the United States may tax as costs the following:
(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation ...

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