Barnett v. Garrigan

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANDREW BARNETT, et al., Case No. 20-cv-02585-VC Plaintiffs, ORDER DENYING DEFENDANTS' Vv. MOTION FOR COSTS BERNARD GARRIGAN, et al., Re: Dkt. No. 242 Defendants.

The defendants’ request for costs is denied for two related reasons. First, a cost award would impose an undue financial hardship on the plaintiffs given their limited financial resources. See Wrighten v. Metropolitan Hospitals, 726 F.2d 1346, 1357-58 (9th Cir. 1984); Association of Mexican-American Educators v. State of California, 231 F.3d 572, 592 (9th Cir. 2000) (noting approval of cases “refusing to award costs to a prevailing party” on the basis of “the losing party’s limited financial resources”). Second, this was a close case; the plaintiffs’ lawsuit was not at all frivolous, and thus there is no need for deterrence. Cf. National Organization for Women v. Bank of California, National Association, 680 F.2d 1291, 1294 (9th Cir. 1982).

IT IS SO ORDERED. Dated: August 24, 2023 — VINCE CHHABRIA United States District Judge