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Hoppman v. Liberty Mutual Insurance Company

United States District Court, D. Oregon

May 30, 2018

VALERIE HOPPMAN, Plaintiff,
v.
LIBERTY MUTUAL INSURANCE COMPANY, a foreign business corporation, Defendant.

          CRAIG A. CRISPIN ASHLEY A, MARTON Crispin Employment Lawyers Attorneys for Plaintiff

          JAMES M. BARRETT KELLY S. RIGGS Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Attorneys for Defendant

          OPINION AND ORDER

          ANNA J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE.

         This 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.

         For the reasons that follow, the Court GRANTS Defendant's Motion and AWARDS costs to Defendant in the amount of $4, 695.20.

         BACKGROUND

         Plaintiff 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.

         On January 12, 2018, Defendant filed its Motion for Summary Judgment as to each of Plaintiff's claims.

         On 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 prejudice.

         On April 25, 2018, Defendant filed a Bill of Costs (#47) and seeks costs in the amount of $4, 695.20.[1]

         On May 9, 2018, Plaintiff filed Objections (#51) to Defendant's Bill of Costs.

         STANDARDS

         Federal 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 Cir. 2003).

         28 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 ...

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