United States District Court, D. Oregon
A. CRISPIN ASHLEY A, MARTON Crispin Employment Lawyers
Attorneys for Plaintiff
M. BARRETT KELLY S. RIGGS Ogletree, Deakins, Nash, Smoak
& Stewart, P.C. Attorneys for Defendant
OPINION AND ORDER
J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE.
matter comes before the Court on Defendant Liberty Mutual
Insurance Company's Bill of Costs (#47). The Court
concludes the record is sufficiently developed and oral
argument is unnecessary.
reasons that follow, the Court GRANTS
Defendant's Motion and AWARDS costs to
Defendant in the amount of $4, 695.20.
filed a Complaint in this Court in which she alleges
Defendant failed to accommodate her disability under the
Americans with Disabilities Act (ADA), 42 U.S.C. §
12112(5)(a), and the Oregon counterpart to the ADA (referred
to hereinafter as OADA), Oregon Revised Statutes §§
659A.112 and 659A.118.
January 12, 2018, Defendant filed its Motion for Summary
Judgment as to each of Plaintiff's claims.
April 12, 2018, the Court issued an Opinion and Order (#45)
in which it granted Defendant's Motion and entered
Judgment (#46) dismissing Plaintiff's Complaint with
April 25, 2018, Defendant filed a Bill of Costs (#47) and
seeks costs in the amount of $4, 695.20.
9, 2018, Plaintiff filed Objections (#51) to Defendant's
Bill of Costs.
Rule of Civil Procedure 54(d)(1) provides: “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.” This rule creates a
presumption in favor of awarding costs to a prevailing party;
i.e., “the losing party must show why costs
should not be awarded” in any particular case. Save
Our Valley v. Sound Transit, 335 F.3d 932, 944-45 (9th
U.S.C. § 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